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| Title | Last Will and Testament of James Sylvanus Keirle of Birmingham in the County of Warwick fishmonger (1 January 1848, proved 2 January 1850) | |
| Author | Records of the Prerogative Court of Canterbury | |
| Repository | The National Archives | |
| Source ID | S165 | |
| Text | "This is the last Will and Testament of me James Sylvanus Keirle of Birmingham in the County of Warwick fishmonger I devise all the Real Estate whatsoever which I shall be seized of or entitled to at the time of my decease unto and to the use of my Brother Matthew Keirle and my kinsman Thomas Lawley the Elder their heirs and assigns upon Trust to receive the rents issues and profits thereof and to pay apply and dispose of the same upon the same trusts as are hereinafter declared concerning the interest dividends and proceeds to arise from the investment of my Personal Estate I bequeath all my Personal Estate whatsoever and wheresoever of which I shall be possessed or entitled to at the time of my decease unto the said Matthew Keirle and the said Thomas Lawley their executors administrators and assigns upon Trust to convert collect and get in the same and receive the money to arise therefrom with full authority to compound debts submit differences to arbitration give receipts execute releases and do or concur in all acts and arrangements for realizing my estate or settling my affairs according to their discretion And upon further Trust to invest the money to arise therefrom in the names or name of my Trustees or Trustee in or upon any of the public Stocks Funds or Securities of the United Kingdom with liberty to vary and transpose the investments from time to time at the discretion of my Trustees or Trustee for any other investment of the description contemplated by this trust I declare that my Trustees or Trustee shall stand and be possessed of the money to arise from my Personal Estate as aforesaid and the Stocks Funds and Securities whereon the same shall be invested upon Trust to receive the annual interest dividends and proceeds thereof and to pay the same unto my wife Mary Anne and her assigns or otherwise permit her to receive and enjoy the same for and during her natural life or until she shall marry again and after her decease or second marriage whichever of those events shall first happen Then as to my said Real Estate and the monies to arise from my Personal Estate and the Stocks Funds and Securities whereon the same shall be invested In Trust for my Child if only one or if more than one for my Children in equal shares as tenants in common But if any of them shall die under the age of twenty one years without leaving issue living at his or her decease then In Trust as to as well the share originally limited under the preceding trust as the share or shares eventually limited under this executory trust to any and every Child so dying for the other or others of my Children and if more than one in equal shares as tenants in common provided always that it shall be lawful for my Trustees or Trustee to apply in or towards the maintenance and education or otherwise for the benefit of each or any of the objects entitled under the trusts aforesaid to a share not absolutely vested the annual income of such share And I direct them to accumulate any unapplied surplus of such income by investments conformably to the trust for investment hereinbefore contained in augmentation of the capital whence such income shall have proceeded provided further that it shall be lawful for my Trustees or Trustee to apply in or towards the advancement in life or putting out apprentice of each Child or object so entitled any part not exceeding one sixth part of the capital of his or her share I empower my Trustees or Trustee to permit my Personal Estate invested at my decease in or upon any Stocks Funds or Real Securities whatsoever yielding interest to continue in the same state of investment so long as they shall think fit I devise all Real Estates vested in me in fee or as Mortgagee or Trustee unto the said Matthew Keirle and Thomas Lawley their heirs executors administrators and assigns upon such trusts and subject to such equities as shall at my decease be subsisting concerning the same respectively I declare that the receipts of my Trustees for any monies to be paid to them in that character shall exonerate the person paying the same from all liability in respect of the application thereof I declare that the Trustees or Trustee for the time being of my Will shall be responsible only for his or their own respective acts defaults or receipts and be exempt from liability for involuntary losses and be at liberty to deduct and allow to each other all expenses incident to the execution of the trusts of my Will I declare that if the said Trustees or either of them or any Trustees or Trustee to appointed under this provision shall die or become unwilling or unable to act as Trustees or Trustee of my Will it shall be lawful for the Trustees or Trustee for the time being and whether continuing or declining to act and for the Executors or Administrators of any surviving Trustee to appoint any fit person or persons to be Trustee or Trustees in the place of any Trustee or Trustees dying or becoming unwilling or unable to act And I declare that the Trustees or Trustee for the time being of my Will shall be competent to exercise all the powers and trusts and discretions hereby confided to the Trustees herein named I appoint my said Brother Matthew Keirle and the said Thomas Lawley Executors of this my Will and also Guardians and Guardian of my infant Children during their minorities In witness whereof I have hereunto set my hand this first day of January in the year of our Lord one thousand eight hundred and forty eight — James Sylvanus Keirle — Signed published and declared by the said Testator 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. J. W. Tarleton Solr. Birmingham Mr. I. Newton Solr. Birmingham. Proved at London 2nd. Jany. 1850 before the Judge by the oaths of Matthew Keirle the Brother and Thomas Lawley the Elder the Executors to whom Admon was granted having been first sworn (by Commission) duly to admin[iste]r." | |
| Linked to | James Silvanus Keirle | |
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