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Wills and testamentary papers


Administration with will annexed of Thomas Fisher of Childs Wickham, Glos., gent. [Will dated 1 April 1828] (1) Debts, funeral and testamentary expenses first charge on personal estate (2) £10 each to:- John Barnes of Wickhamford, Worcs., labourer, son of Thomas and Mary Barnes. Mary Dobbins of Dumbleton, Glos., spinster. Samuel Rutter of Birmingham, son of John and Amey Rutter, dec'd. Trustees and executors hereinafter named - as small remuneration for their trouble To be paid within 1 year of testator's decease. (3) £500 to Elizabeth Proctor of Tewkesbury, Glos., spinster, daughter of William Proctor of the same, merchant. (4) Real and personal estate to brother William Fisher of Childswrickam, gent; Jonah Thompson of Evesham, Worcs., gent. and Michael Russell of Broadway, Worcs., gent. Upon Trusts (i) Rents and profits of real and personal estate, after payment of legacies, to brother William Fisher for life then (2) Releases and conveyances to be executed on freehold estate to convey to testator's nephew William Fisher, son of William. (3) Residue of personal estate and leasehold estates in Dale End and Bull Street, Birmingham, after decease of testator's brother, to be converted by requisite dispositions and after collecting in of any mortgage bonds, securities, etc. into money to be divided into 5 equal parts payable to (a) Nephew William Fisher, at 21 or marriage - interest in interim to be applied for maintenance. (b) Remaining 4/5 to be invested at Trustees discretion and interest paid annually for life to each of testator's 4 nieces, daughters of brother William viz: Ann Fisher, Sarah Fisher, Mary Fisher and Winifred Fisher - for their own separate uses independent of any husband. Nieces not to be able to alienate or anticipate and after respective deceases, their share of testator's residue to be divided among any children of each respective niece as tenants in common. (3) (c) If any niece die without issue, her share to be applied to survivors, but Trustees may if they choose use any interest from such 1/4 towards maintenance of any infant children of surviving nieces. (d) If all die without issue then absolutely to nephew William at age 21 or marriage and interest to maintenance and education until then. Trustees not to be accountable for other than their own acts i.e. no common responsibility for other trustees, agents, bankers or brokers in whose hands funds may be placed, [exception for wilful neglect or default]. If any sale of leasehold or other estates takes place under any of the trusts, then receipt of trustees shall be sufficient discharge to any purchaser who will not be responsible for any misapplication of money. If any trustee die, wish to be discharged, or become incapable; lawful for survivors to nominate another fit and proper person to replace them upon the same trusts. Executors: William Fisher, Jonah Thompson, Michael Russell. [Signed] Thomas Fisher [Witnesses] Wm Law Phelps, J. Tredwell, Samuel Amos his clerks Will dated 1 April 1828