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The will of George Witt, 1871

Will made 17 Jul 1868 . Testator died 21 Mar 1871 . Will proved 22 Apr 1871


This is the last Will of me George Witt of Somerville, Bedford
Road Rock Ferry in the County of Chester late Principal Landing Surveyor in Her
Majesty's Customs at Liverpool in the County of Lancaster but now retired which
I make this seventeenth day of July in the year of our Lord One thousand eight
hundred and sixty eight  I appoint my dear Wife Eliza Witt, William Roberts the
younger of Leach Hall Sutton in the County of Lancaster Copper Smelter and
John Bruce of the Landing Department in Her Majesty's Customs at Liverpool aforesaid
to be the Executrix Executor and Trustees of this my Will  I give all my Wines Spirits
and Housekeeping Storesand provisions which shall be in or about my Dwelling
house at my decease and my wearing apparel and Jewelry unto my Wife Eliza
Witt for her absolute use And I give devise and bequeath all my real estate and all
the residue of my personal estate unto and to the use of the said Eliza Witt William
Roberts the younger and John Bruce their heirs and assigns upon trust as to my
household furniture plate plated articles china linen glass books pictures
ornaments and other household effects to permit my said Wife to have the free
use thereof as long as she shall live and upon her death I direct that the same
shall be sold under the direction next hereinafter contained and subject as
aforesaid I direct that the said Trustees or the Survivors or Survivor of them
or the heirs executors or administrators of such Survivor their or his assigns or
other the Trustees or Trustee for the time being of these presents shall sell all
the said real estate and call in and convert into money all the said residue of
my personal estate and shall out of the money to arise from such Sale calling
in and conversion and the ready money of which I shall be possessed at my
decease to pay my debts funeral and testamentary expences and the expences
incident to the trusts of this my Will and also shall pay for such Mourning for my
said Wife and any other of my relations or other members of my household as such
Trustees or Trustee shall think proper And I direct that the said Trustees or Trustee
shall invest all the residue of the said money to arise from such Sale calling in
and conversion as aforesaid in their or his names or name in any of the Public
Stocks or Funds or Government Securities of the United Kingdom or upon Freehold
Copyhold or Leasehold securities in England or Wales or in any Permanent Building
Societies in England or upon the Stocks funds or securities of any Corporation or Public
Company in the United Kingdom with power for the said Trustees or Trustee from
time to time to vary or transpose such stocks funds and securities and I direct
that the said Trustees or Trustee shall pay the annual income of the said trust
investments unto my Wife the said Eliza Witt as long as she lives and after the
death of the said Eliza Witt I direct that the said Trustees or
Trustee for the time being shall stand possessed of one half of all the said
trust investments In trust to pay the annual income thereof unto my
daughter Margaret Wife of the said William Roberts the younger during her
life for her separate use free from the debts and control of her husband
and after her decease shall hold the said one half of the said trust
investments in trust for all the Children of the said Margaret Roberts who
being Sons or a Son shall attain the age of twenty one years or being daughters
or a daughter shall attain that age or marry under it and if more than one
in equal shares And after the death of the said Eliza Witt I direct that
the said Trustees or Trustee for the time being shall stand possessed of the
remaining half part of all the said trust investmentsIn trust for all the
Children of my deceased beloved daughter Charlotte Gibson late Wife of George
Holme [sic] of Liverpool aforesaid Estate Agent who being Sons or a Son shall
attain the age of twenty one years or being daughters or a daughter shall
attain that age or marry under it and if more than one in equal shares
And I declare that the Trustees or Trustee for the time being of this my Will
shall pay or apply the whole or such parts as she they or he shall think fit
of the income of the share to which any child shall for the time being be
entitled in expectancy or which shall be a vested interest under the trusts
hereinbefore declared for or towards his or her maintenance or education
and shall accumulate the residue (if any) of the same income for the benefit
of the person or persons who under the trusts herein contained shall become
entitled to the principal fund from which the same respectively shall have
proceeded but with power to apply the same for or towards the education or
maintenance of the Child for the time being actually or presumptively entitled
thereto at any subsequent period And I empower such Trustees or Trustee to
postpone the Sale or conversion into money of all or any part of the said real
and personal property And I empower my Trustees or Trustee to permit any
part of the said personal property to remain in or upon any investment or
security upon which the same money may be at decease for any period of time
they or he may think proper But I declare that all the said premises
shall in the meantime be considered as money and shall be subject to all the
trusts powers and purposes herein declared of and concerning the said trust
monies and premises and that the net rents and income thereof although
of a terminable fluctuating or uncertain character shall in the meantime be
paid or applied to the person or persons to or for whom the income of the
Investments would be payable or applicable in case the said property had been
sold and the proceeds invested as aforesaid And I declare that upon any
appointment of new Trustees of this my Will the number of Trustees may be
augmented or reduced  In witness whereof I the said Testator George Witt
have to this Will set my hand the day and year first before written -------------
George Witt ---------  Signed by the said Testator George Witt as and for his
last Will in the presence of us present at the same time who at his request in his
presence and in the presence of each other have hereunto subscribed our names
as witness -------------  Wm. Francis Solicitor Tranmere Cheshire ---------------
William Pearson of H. M. Customs Liverpool  -----------------------------------------
 
Codicil to my Will -- And in the Codicil to my Will I also appoint the
Reverend Doctor Redhead Vicar of Higher Bebington an Executor thereof ----
Geo. Witt -------- Signed by the Testator and by us at the request of the Testator
in his presence & in the presence of each other and at the same time  Dated
this 1st day of November 1870 --------- Robt. Crighton  W --------------------------
W. G. Roberts  -----------------------------------------------------------------------------------
Codicil to my Will (dated 17 day of July 1868)  Whereas in the
said Will it is recited that my household furniture plate plated articles &c
are left to my Wife for her life I hereby revoke that part of my Will and leave
the same to her absolutely for her sole & separate use And whereas I have left
one half of my Property to the Children of my late daughter Charlotte Gibson
Holmes in shares when they reach twenty one years of age I revoke that part
and hereby empower my Executors to apply the same or any part thereof for the
education & advancement of the said Children  As witness my hand this
Seventeenth day of March 1871 ------ G. Witt ------ Signed by George Witt the
Testator in the presence of us present at the same time who at his request and
in his presence & in the presence of each other have signed our names as
witnesses ---------- Mary Gullon ------------ Thos. F. Redhead ---------------------
Selina Cawkwell Witt ------------------------------------------------------------------------


[Copy obtained from the Principal Probate Registry, First Avenue House, High Holborn, London]

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Page last updated: 22nd November 2005, e-mail: martin@hagger.org