|
Contents Page
The Last Will and Testament of John Francis of Swansea
Francis
Family
This
is the last Will and Testament of me John Francis of
the Town of Swansea in the County of Glamorgan Coach builder
First I direct that I be buried in as plain a manner as a poor
Man can be buried Whereas I now carry on the Trade of Business
of a Coach Builder at Swansea aforesaid and am desirous that
the said Trade or Business should be carried on after my
decease in the manner hereinafter mentioned for the benefit of
my family I therefore hereby give devise bequeath the said
Trade or Business also all my interest therein and all my
Stock utensils Implements and Effects now or hereafter to be
employed therein and all and every ??? and sum of money and
debts and other personal Estate not herein specifically
bequeathed which shall be due and owing to me at the time of
my decease in respect of the said Trade or Business or
otherwise unto Joseph Martin of Yustawe(?) in the parish of
Llangefelach in the said County of Glamorgan Esquire and
Thomas Strick(?) of Glynarth(?) in the same parish and County
??? founder their executors Administrators and assigns upon
and for the trusts intents and purposes and with under and
subject to the powers provisions and declarations hereinafter
expressed and declared of and concerning the same that is to
say Upon trust that they the said Joseph Martin and Thomas
Strict or the survivor of them his Executors administrators
and assigns do and shall permit and suffer my Eldest Son
George Grant Francis and in case he shall decline so to do
then any or either of my other Sons according to priority of
birth to carry on manage and ??? the said trade or business
and in case my said sons shall decline or refuse so to do or
should from illness or any other unforeseen event become
incapable of properly managing and ???? the said trade or
business or if they should enter into and be engaged in any
trade or Manufacture solely or in partnership it being my will
and intention that one or more of my said sons should give his
or their undivided attention to my said Trade or business then
upon trust that they the said Joseph Martin and Thomas Strict
and the Survivor of them his Executors administrators and
assigns do and shall cause and procure the said trade or
business to be carried on managed and ???? by some other
competent person to be approved of by my wife Eliza Francis at
a reasonable stipend and I hereby direct that in case my said
son George Grant Francis or other of my said sons shall manage
and ???? the said Trade or Business he or they shall be
allowed out of the gains and profits thereof the sum of one
hundred & four pounds yearly and every year to be paid by
equal weekly payments for his or their services for so long
time as he or they shall continue to manage and ??? the said
Trade or Business and I hereby also direct that the profits
and gains which shall arise or be made from or by the said
trade or business shall from time to time as she may require
be paid unto the hands of my said wife during such time as she
shall continue my widow and unmarried to be by her applied in
for and towards the maintenance of herself and the maintenance
and education of such of my children as shall be living and
not otherwise provided for by me at the time of my decease
according to her judgment and direction and I hereby will and
declare that the said Joseph Martin and Thomas Strick and the
survivor of them and the Executors and Administrators of such
survivor shall have full power and authority at the particular
request of my said wife and not otherwise from time to time to
inspect the Books of account and inquire into all the
transactions of my said trade or business and if they shall
think it expedient and necessary to remove the person in the
management hereof be he one of my said sons or not provided
such removal be with the consent and approbation of my said
wife but not
otherwise and I do hereby also direct that immediately after
the decease of my said wife or in case she should marry again
the said Joseph Martin and Thomas Strick and the survivor of
them his Executors administrators and assigns do and shall in
either case sell and dispose of the Goodwill of the said trade
or business and said Stock Utensils Implements and Effects
hereinbefore bequeathed for the best price or prices that can
be had or obtained for the same either by private contract or
public auction as they shall think fit and also shall and do
?? either of the said Events happening forthwith ??? in ?? and
receive and ??? all and every such sums and sum of money as
shall be then due and owing to my Estate in respect of the
said trade or business or otherwise and do and shall pay and
divide the monies to arise by such sale and the monies to be
collected and got in as aforesaid unto between and amongst
such of my children as shall be then living in equal shares or
proportions share and share alike and I do hereby give devise
and bequeath unto the said Joseph Martin and Thomas Strick and
the survivor of them and the heirs and assigns of such
survivor all and singular my freehold messuage or
dwellinghouse Manufactory Workshops Buildings and premises
with the appurtenances to the same belonging now in my ???
occupation and situate in High Street and on the Strand in the
said Town of Swansea to have and to hold the same unto the
said Joseph Martin and Thomas Strick and the survivor of them
his heirs and assigns Upon the trusts and to and for the ends
intents purposes and under and subject to the declarations
provisions and directions hereinafter declared of and ??? the
same that is to say upon trust that they the said Joseph
Martin and Thomas Strict and the survivor of them his heirs
and assigns do and shall stand and be ???? of the same In
trust to permit and suffer the same to be held used and
occupied by my said wife and children as and for their place
of Residence and for the purpose of carrying on the said trade
or business for and during the natural life of my said wife or
until her intermarriage and upon either of these events
happening upon trust that the said Joseph Martin and Thomas
Strick and the survivor of them his heirs and assigns shall
and do forthwith make sale and dispose of the said freehold
messuage or dwelling house ??? tenaments and premises together
or in lots either by public action or private contract for the
best price or prices that can or may be had or gotten for the
same and to make and execute all such conveyances or other
appurtances(?) as may be necessary to the purchaser or
purchasers thereof and immediately after the completion of
such last mentioned sale or sales / Except as hereinafter
mentioned I do hereby direct the said Joseph Martin and Thomas
Strick and the survivor of them his heirs and assigns to pay
and divide the monies to arise there from unto between and
amongst such of my children as shall be then living in equal
shares and proportions and as to all and singular other real
Estates of or to which I may be ???? or entitled I give devise
and bequeath the same unto the said Joseph Martin and Thomas
Strick and the survivor of them his heirs and assigns upon
trust forthwith after my decease to sell and dispose of the
same either by private contract or public action and to pay
and divide the monies to arise there from unto and amongst
such of my children as shall be then living in equal shares or
proportions share and share alike to and for their own use
benefit and disposal I give devise and bequeath my household
furniture plate ??? and China unto my said wife to and for her
own use and benefit and for the use and benefit of my children
for and during the term of her natural life or until she shall
again marry and from and after her marriage or decease I give
devise and bequeath the same unto the said Joseph Martin and
Thomas Stick and the survivor of them his Executors
administrators and assigns upon trust to sell and dispose of
the same and the proceeds thereof to pay and divide unto
between and amoungst such of my children as shall be then
living share and share alike to and for their own use benefit
and disposal I give and bequeath my paintings and pictures in
manner following that is to say first to my Son John Deffet
Francis the Sub?? wate(?) and Europa painted by me two
G---pieces painted by Zurch??? and the first choice of any
three of my other paintings To my said wife two fruit pieces
painted by me a flower piece painted by J W Fraut(?) and
another flower piece painted by Michael Angelo (this
is not THE Michaelangelo, but a Swansea artist dubbed with the
same name - JAG) To my Son George Grant Francis a copy
of a Marine view painted by Powell and a horse(?) and ???
painted by me and also the choice of any three of my other
paintings and as to the rest of my paintings and pictures I
give and bequeath the same unto and amoungst all my children
(except George and John) to be equally divided between and
amoungst them in such manner as my said wife and my said son
John Deffett Francis shall determine I give and bequeath all
my books (except Books of account) and manuscripts unto my
said wife and such of my children as shall be living at the
time of my decease to be equally divided between and amongst
them by the said Joseph Martin and Thomas Strick or the
survivor of them his Executors Administrators or assigns share
and share alike provided always and I do hereby direct that if
at the decease of my said wife or in case of her marriage any
or either of my children shall be in the actual management of
the said Trade or business and in case such child or children
shall decline so to do then that any other or others of my
children shall have the option of purchasing my Stock in Trade
Freehold ???ments and premises in High Street and on the
Strand in Swansea aforesaid and household furniture or any
part or parts thereof before the same respectively or any part
thereof be offered for sale to any other person or persons
provided also that in case any or either of my said children
shall at the time of the intermarriage or decease of my said
wife be under the age of twenty one years then I will and
direct that the said Joseph Martin and Thomas Strict and the
survivor of them his heir executors administrators and assigns
do and shall invest the share or respective shares to which
such child or children not then ??? having attained such age
as aforesaid shall be respectively entitled under or by virtue
of this my will in Government or good ??? securities and from
time to time to call in and invest the same in such securities
or one of them and so and shall pay and apply the annual
interest dividends and proceeds of such share or respective
share in for and towards the maintenance and education of such
child or children respectively until he she or they shall
respectively attain the age of twenty one years and I further
direct that the said Joseph Martin and Thomas Strick and the
survivor of them his heirs executors administrators and
assigns do upon the said child or children attaining his her
or their age or respective ages of twenty one years pay unto
him her or them the share or respective shares to which he she
or they shall be entitled as aforesaid under this my will
provided nevertheless that it shall and may be lawful to and
for the said Joseph Martin and Thomas Strick and the survivor
of them his heirs executors administrators and assigns to
apply such part or portion of the share or respective shares
of such of my children previous to their attaining such age as
aforesaid for the settling or advancement in the world of such
child or children as they the said Joseph Martin and Thomas
Strick and the survivor of them his heirs executors
administrators and assigns shall in their or his discretion
think proper and I do hereby charge all my real and personal
Estate of what nature or kind ???? with the payment of all my
just debts funeral and testamentary expenses and also the
costs charges expenses attending the execution of the several
trusts hereby ???? in my said trustees and I do hereby appoint
the said Joseph Martin and Thomas Strick Executors of this my
will and lastly I do hereby revoke all and every other wills
and will or testamentary writings by me at any time heretofore
made and do declare this to be my last and only ?????ing will
and testament In witness whereof I the said John Francis to
this my last will and testament contained if five sheets of
paper ???? together have to my hand and seal this twentieth
day of February one thousand eight hundred and thirty five /s/Jno
Francis (JF) Signed sealed published and declared by the said
John Francis the testator as and for his last Will and
Testament in the presence of us who at his request and in his
presence and in the presence of each other have sub???ed our
names as witnesses thereto /s/ S Jenkins ??? Swansea ~ Tho
Atwood ~ Dai Thomas his Clerk
On the 4th June 1841 Admon with the will
annexed of the Goods Chattels & ??? of John Francis late
of the Town of Swansea in the County of Glamorgan Coach
Builder deceased was granted to Eliza Francis Widow the Relict
of the said deceased having been first sworn by ???? duly to
administer Joseph Martin and Thomas Strick the Executors named
in the said will having ???? the probate and execution thereof
as by ?? of Court appears There not being any Residuary
Legatee named in the said will.
|