NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 1 pages 6 to 15 probate years 1826-1830.

Will of William Danson

In re: WILLIAM DANSON. DECEASED.

This is the last will and testament of me William Danson of the City of Bristol Merchant in manner following, that is to say, I give devise and bequeath unto my wife Elizabeth Danson all that my freehold messuage or, dwelling house with its rights members and appurtenances wherein I now reside situate in Park Street otherwise Upper Park Street in the said City of Bristol to hold unto her my said wife for and during the term of her natural life provided she shall so long continue my widow and from and immediately after the decease of my said wife Elizabeth or of her marriage which ever shall first happen then I give devise and bequeath my said messuage or dwelling house with its rights members and appurtenances and all my estate therein unto and to the use of my son Hugh William Danson his heirs and assigns for ever but in case the said Hugh William Danson shall not be living at the time of the decease or marriage of my said wife then from and after the decease or marriage of my said wife which ever shall first happen I give devise and bequeath the same messuage or dwelling house with its rights members and appurtenances and all my estate therein unto and to the use of my son Thomas Elias Danson his heirs and assigns for ever and in case the said Thomas Elias Danson shall not be living at the time of the decease or marriage of my said wife then from and immediately after the decease or marriage of my said wife which ever shall first happen I give devise and bequeath the same messauge or dwelling house with its rights members and appurtenances and all my estate therein unto and to the use of my son Edmund Rowe Danson his heirs and assigns for ever and in case the said Edmund Rowe Danson shall not be living at the time of the decease or marriage of my said wife then from and immediately after the decease or marriage of my said wife which ever shall first happen I give devise and bequeath the same messuage or dwelling house with its rights members and appurtenances and all my estate therein unto the use of my son Frederick Danson his heirs and assigns forever.

I give and bequeath unto John Thomson of the City of Bristol Merchant, John Britton Boure of the same City Merchant and my said sons Hugh William Danson and Thomas Elias Danson their executors and administrators all and singular my household goods and furniture silver plate linon pictures china glass and printed books upon trust to permit and suffer my said wife Elizabeth to use and enjoy the same respectively for and during the term of her natural life provided she shall so long continue my widow and I do direct that two several inventories thereof be made as soon as conveniently may be after my decease and that my said wife and my said Trustees shall sign the same and that one of such inventories shall be kept by my said wife and the other by my said Trustee. And from and immediately after the decease of my said wife or of her marriage which ever shall first happen than upon trust that they my said Trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall deliver over all and singular my said household goods and furniture silver plate linon pictures china glass and printed books unto such one of my said sons Hugh William Danson, Thomas Elias Danson, Edmund Rowe Danson and Frederick Danson to and for his own absolute use who shall be entitled to my said messuage or dwelling house with its appurtenances in Park Street aforesaid by and under this my Will at the time of the decease of my said wife or of her marriage which ever shall first happen but it is my Will and I do order and direct that my said wife Elizabeth shall not be obliged or compelled to repair replace or make good any article or any part of my said household goods and furniture silver plate linon pictures china glass and printed books which during the time she may have the use thereof as aforesaid may happen to be worn out lost stolen broken or in any way damaged or injured but the same respectively shall be delivered over by my said Trustee to such one of my said sons who shall appear to be entitled to the same household furniture silver plate linon picture china glass and printed books under the aforesaid trusts respecting the same immediately after the decease of my said wife or her marriage which ever shall first happen in the same plight and condition they shall respectively happen to be in at the time of the decease of my said wife or of her marriage.

I give and bequeath unto the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson the sum of Twelve thousand pounds of lawful money of Great Britain to for and upon the several trusts and purposes hereinafter mentioned, that is to say, upon trust that they the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson or the survivors or survivor of them his executors or administrators do and shall layout and invest the same money at Interest in their or his names or name immediately after my decease in or upon some or one of the Government stocks or funds of Great Britain or some good and sufficient mortgage or mortgages of freehold estate or estates of inheritance in fee simple in possession free from encumbrances to be situate in some part of England and do and shall stand possessed of and interested in the same trust monies and premises and the stocks or other securities wherein the same may be invested in trust to pay the whole of the dividends interest and annual produce to arise and be received therefrom unto my said wife Elizabeth by half yearly or quarterly payments [as the same may be receivable] for and during the term of her natural life with a proportionable part thereof in case my said wife Elizabeth shall happen to die between any of the times of such half yearly or quarterly payments up and home to the day of her decease [subject to the proviso hereinafter written touching her marrying]

And it is my will and meaning and I do direct that in the meantime and until such twelve thousand pounds shall be invested and placed out at Interest as aforesaid upon the trusts aforesaid that my said wife Elizabeth shall be paid by my executors hereinafter appointed by and out of my personal estate at and after the rate of six hundred pounds per annum for her natural life [subject as aforesaid] by quarterly payments from the day of my decease And upon further trust that they my said Trustees and the survivors and survivor of them and the executors and admors of such survivor do and shall from and immediately after the decease of my said wife Elizabeth assign and transfer the stocks and securities on which the same twelve thousand pounds may be invested and placed and all monies thereby secured unto my residuary legatees hereinafter named the said Hugh William Danson and Thomas Elias Danson share and share alike as their own absolute property Provided always and it is my will and meaning that in case my said wife Elizabeth shall at anytime after my decease marry again then in such case I do will order and direct that they my said Trustees and the survivors and survivor of them and the executors and administrators of such survivor do and shall from and immediately after such marriage retain and stand possessed only of such part or parts of the securities and stocks on which the said twelve thousand pounds shall be laid out and invested and the monies thereby secured as shall be sufficient to produce the annual sum of three hundred pounds upon trust to pay the dividends and interest to arise and be received from the same retained stocks securities and monies unto my said wife Elizabeth by half yearly or quarterly payments [as the same may be receivable] from the day of such marriage for and during the term of her natural life with a proportionable part thereof in case my said wife shall happen to die between any of the time of such half yearly or quarterly payments up and home to the day of her decease And upon further trust that they my said Trustees and the survivors and survivor of them and the executors and administrators of such survivor do and shall from and immediately after such marriage assign and transfer the remainder of the said securities stocks and principal monies [after retaining as aforesaid sufficient to produce the said annual sum of three hundred pounds] unto my residuary legatees the said Hugh William Danson and Thomas Elias Danson share and share alike as their own absolute property And upon further trust that they my said Trustees and the survivors and survivor of them and the executors and administrators of such survivor do and shall from and immediately after the decease of my said wife Elizabeth assign and transfer the said stocks securities and monies so to be retained to produce the said annual sum of three hundred pounds unto my said Residuary Legatees the said Hugh William Danson and Thomas Elias Danson share and share alike as their own absolute property I give and bequeath unto the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson the sum of twelve thousand pounds of lawful money of Great Britain to for and upon the several trusts and purposes hereinafter mentioned, that is to say, upon trust that they the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson or the survivors or survivor of them his executors or administrators do and shall lay out and invest the same money at Interest in their or his names or name immediately after my decease in or upon such security or securities as aforesaid and do and shall stand possessed of and interested in the same trust monies and premises and the stocks or other securities wherein the same may be invested in trust for my son the aforesaid Edmund Rowe Danson to be paid assigned or transferred to him on his attaining the age of twenty five at the time of my decease then in trust that they my said trustees or the survivors or survivor of them his executors or administrators do and shall in the meantime and until my said son Edmund Rowe Danson shall attain the said age of twenty five years pay to my said son Edmund Rowe Danson for his maintenance and support the annual sum of two hundred pounds by quarterly payments from the day of my decease by and out of the interest dividends and annual produce of the said sum of twelve thousand pounds and the residue and remainder of the interest dividends and annual produce of the said sum of twelve thousand pounds after payment of the said quarterly payments as aforesaid to my son Edmund Rowe Danson and until he shall attain the said age of twenty five years do and shall pay over unto my residuary legatees the said Hugh William Danson and Thomas Elias Danson equally between them share and share alike as their own absolute property and if my said son Edmund Rowe Danson shall die before such time as he shall attain the age of twenty five years without leaving lawful issue of his body then upon trust to pay assign and transfer the said twelve thousand pounds and the stocks or other securities wherein the same may be invested unto my said Residuary legatees the said Hugh William Danson and Thomas Elias Danson equally between them share and share alike as their own absolute property provided always and I do hereby will and direct that if my said son Edmund Rowe Danson shall happen to die in my lifetime or at anytime afterwards before he shall attain the age of twenty five years leaving any child or children of his body lawfully begotten then and in such case they my said trustees or their survivors or survivor of them his executors or administrators do and shall stand possessed of and interested in the said sum of twelve thousand pounds and the stocks or other securities wherein the same may be invested in Trust for all and every the child and children of the body of my said son Edmund Rowe Danson lawfully begotten if more than one to be divided equally between them share and share alike and in case there shall be but one such child then In Trust for the use and benefit of such only child And it is my will and meaning and I do direct that in the meantime and until such twelve thousand pounds shall be raised and invested and placed out at Interest as aforesaid upon the trusts aforesaid that my executors hereinafter named do and shall pay to my said Trustees or the survivors or survivor of them his executors or administrators by and out of my personal estate lawful interest by quarterly payments and the sum of twelve thousand pounds upon the trusts aforesaid respecting the same from the day of my decease.

I also give and bequeath unto the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson the sum of ten thousand pounds of lawful money of Great Britain to for and upon the several trusts and purposes hereinafter mentioned, that is to say, upon trust that they the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson or the survivors or survivor of them his executors or administrators do and shall lay out and invest the same money at Interest in their or his names or name immediately after my decease in or upon such security or securities as aforesaid and do and shall stand possessed of and interested in the same trust monies and premises and the stocks or other securities wherein the same may be invested in Trust for my son the aforesaid Frederick Danson to be paid assigned or transferred to him on his attaining the age of twenty five years and if my said son Frederick Danson shall be under the age of twenty five years at the time of my decease then In Trust that they my said Trustees or the survivors or survivor of them his executors or administrators do and shall in the meantime and until my said son Frederick Danson shall attain the said age of twenty five years pay to my said son Frederick Danson for his maintenance and support the annual sum of two hundred pounds by quarterly payments from the day of my decease by and out of the interest dividends and annual produce of the said sum of ten thousand pounds and the residue and remainder of the interest dividends and annual produce of the said sum of ten thousand pounds after payment of the said quarterly payments as aforesaid to my said son Frederick Danson and until he shall attain the said age of twenty five years do and shall pay over unto my residuary legatees the said Hugh William Danson and Thomas Elias Danson equally between them share and share alike as their own absolute property And if my said son Frederick Danson shall die before such time as he shall attain the said age of twenty five years without leaving lawful issue of his body then upon trust to pay assign and transfer the said ten thousand pounds and the stocks or other securities wherein the same may be invested onto my said Residuary legatees the said Hugh William Danson and Thomas Elias Danson equally between them share and share alike as their own absolute property Provided always and I do hereby will and direct that if my said son Frederick Danson shall happen to die in my lifetime or at any time afterwards before he shall attain the age of twenty five years leaving any child or children of his body lawfully begotten then and in such case they my said Trustees or the survivors or survivor of them his executors or administrators do and shall stand possessed of and interested in the said sum of ten thousand pounds and the stocks or other securities wherein the same may be invested in Trust for all and every the child and children of the body of my said son Frederick Danson lawfully begotten if more than one to be divided equally between them share and share alike but in case there shall be but one child then In Trust for the use and benefit of such only child And it is my will and meaning and I do direct that in the mean time and until such ten thousand pounds shall be raised and invested and placed out at Interest as aforesaid upon the trusts aforesaid that my executors hereinafter named do and shall pay to my said Trustees or the survivors or survivor of them his executors or administrators by and out of my personal estate lawful interest by quarterly payments upon the said sum of ten thousand pounds upon the trusts aforesaid respecting the same from the day of my decease.

I give and bequeath unto the said John Thomson, John Britton Boure, Hugh William Danson and Thomas Elias Danson the sum of three thousand pounds of lawful money aforesaid to for and upon the several trusts and purposes hereinafter mentioned, that is to say, Upon Trust that the said John Thomson, John Britton Boure, Hugh William Danson & Thomas Elias Danson or the survivors or survivor of them his executors or admors do and shall lay out and invest the same money at Interest in their or his names or name immediately after my decease in or upon such security or securities as aforesaid and do and shall stand possessed of and interested in the same trust monies and premises and the stocks or other securities wherein the same may be invested In Trust to pay the whole of the dividends interest and annual produce to arise and be received therefrom onto my son George Roach Danson by half yearly or quarterly payments [as the same may be receivable] for and during the term of his natural life with a proportionable part thereof in case my said son George Roach Danson shall happen to die between any of the Times of such half yearly or quarterly payments up and home to the day of his decease And upon further Trust that they my said Trustees or the survivors or survivor of them his executors or administrators do and shall from and immediately after the decease of my said son George Roach Danson assign and transfer the stocks and securities on which the same three thousand pounds may be placed and invested and all monies hereby secured unto my residuary legatees the said Hugh William Danson and Thomas Elias Danson equally between them share and share alike as their own absolute property And it is my will and meaning and I do direct that in the meantime and until such three thousand pounds shall be raised and invested and placed out at Interest aforesaid upon the Trusts aforesaid that my executors hereinafter named do and shall pay to my said Trustees or the survivors or survivor of them his executors or administrators by and out of my personal estate lawful interest by quarterly payments upon the said sum of three thousand pounds upon the trusts aforesaid respecting the same from the day of my decease.

I give devise and bequeath unto my said sons Hugh William Danson and Thomas Elias Danson all that my freehold messuage or dwelling house with all and singular the rights members and appurtenances thereunto belonging situate in Baldwin Street otherwise Ballance Street in Bristol aforesaid part whereof I now use and occupy as my counting house and the residue thereall I let out to a tenant and also all other my real estate whatsoever and wheresoever to hold the same freehold messuage and premises and all my estate and interest therein and all other my real estate whatsoever and wheresoever with their several rights members and appurtenances unto and to the only use and behoof of them my said sons Hugh William Danson and Thomas Elias Danson their heirs and assigns for ever share and share alike as tenants in common and not as joint tenants All the rest residue and remainder of my monies securities for money monies invested in the Government stocks or funds merchandise ships and vessels and shares of ships and vessels book debts and all other debts due and owing to me at the time of my decease and all other the rest residue and remainder of my goods chattels rights credits and personal estate and effects whatsoever and wheresoever not hereinbefore given and disposed of I give and bequeath unto my said sons Hugh William Danson and Thomas Elias Danson to and for their own absolute use equally between them share and share alike as tenants in common and not as joint tenants subject and liable to the payment thereout And I hereby charge the same with the payment of my funeral expenses costs of proving this my will the payment of all my just debts and the payment of the annual premium for keeping insured in the name of my said wife in any good and sufficient fire office against fire my aforesaid messuage or dwelling house in Park Street aforesaid to the amount of at least the sum of two thousand pounds during the life of my said wife or until she may marry again I do hereby authorize and empower my said Trustees or the survivors or survivor of them his executors or administrators from time to time as often as they or he shall see occasion and think proper to call in alter and change the securities on which all or any of my said trust monies shall or may be placed out and from time to time as often as they or he shall see occasion and thinks fit again to place the same out upon such other security or securities as are hereinbefore mentioned

And it is my will and meaning that my said Trustees or either of them shall not be liable to answer or make good any loss or losses that shall or may happen to my said trust estate or in placing out the trust monies according to the directions in this my will or in transacting any money affairs or otherwise relating to or concerning the execution of the trusts of this my will unless the same shall appear to happen by or through their or either of their willful neglect or default nor shall either of them my said Trustees be answerable or accountable for the acts deeds receipts or disbursements of the other or others of them but each of them shall be answerable only for his own separate acts deeds receipts and disbursements and I do direct that they my said Trustees and the survivors and survivor his executors or administrators shall and do pay and reimburse themselves and himself out of my said trust estate all costs charges damages and expenses whatsoever that they or either of them shall or may bear pay be put unto or sustain in or about the execution of this my will or the Trusts hereby in them reposed. And I do hereby nominate constitute and appoint the said John Thomson, John Britton Boure and my said sons Hugh William Danson and Thomas Elias Danson to be executors of this my last will and testament. I hereby commit the guardianship of such of my sons who shall happen respectively to be under the age of twenty one years at the time of my decease during their several minorities onto my said wife Elizabeth and the said John Thomson and John Britton Boure and to the survivors and survivor of them. Lastly I do hereby revoke and make void all former will and wills codicil and codicils by me made and do declare this to be my last will and testament.

In witness whereof I the said William Danson have to this my last will and testament written on one side of ten sheets of paper affixed together set my hand and seal, that is to say, to the first nine sheets thereof to my hand and to this tenth and last sheet thereof my hand and seal the twenty eighth day of December in the year of our Lord one thousand eight hundred and sixteen. Wm. Danson [LS]. Signed sealed published and declared by the said testator William Danson as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto.

Willm Tyson of Clifton Glorshire Gent.
H. G. Windey Atty Sark Street, Bristol.
John Beake his Clerk.

Certified correct

D.M. Browning
Registrar


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