John Turton Fereday (1786 - 1849)
Will
of the Quarries in the Parish of Sedgley, in the county of Stafford. Gentleman.
Made this fourteenth day of April one thousand eight hundred and forty six. Whereas I have under or by virtue of the powers or authorities given or reserved to use by the Settlements made upon my marriage with my late wife
Ann Celia Heming and which bear date respectively about the twenty ninth day of October one thousand eight hundred and twelve made and executed certain appointments of the settled property or parts thereof in favour of my children.
Such appointments to take effect upon and from and after my decease Here I do hereby reaffirm the said several appointments to respectively and do give devise and bequeath the estates and settled properties unto the several appointees thereof according to the true intent and meaning of the said several appointments I do appoint my Sons
- Edwin Heming Fereday
and
- Richard William Fereday
and my Nephew
- Samuel Day Fereday
to be executors of this my will and guardians of my infant children during their several minorities I do direct my said executors to pay all my just debts and funeral and Testamentary expenses as soon as conveniently can be after my decease.
I give device and bequeath to the said
Edwin Hemming Fereday all and singular my real and Personal Estate and Effects whatsoever and wheresoever and of what nature tenure kind or quality the same may be including such property as I have power to appoint or dispose of but have not appointed or disposed of To Hold unto them their Heirs executors administrators and assigns according to the nature of such property respectively.
But upon the trusts nevertheless and for the intents and purposes following that is to say upon Trust that they my said Trustees of the survivors or survivor of them shall when and as they or he in their or his discretion think fit make sale of and convert into money my said real and Personal Estate and in order to enable them to make such sale and to realize my said estate and effects.
I do give them of him as full and ample power to make give and execute conditions contracts receipts conveyances surrenders and assurances as I myself could or as they or hearunto if they themselves were the absolute and unconditional owners or the said property respectively And to stand possessed of the money to arise from such sale and of the said real and personal estate until sale or conversion In trust after paying the expenses attending the execution of the trusts to hereby reposed in them or him and in paying my debts and funeral and testamentary expenses to pay my son
Charles Henry Fereday the sum of fifty pounds as a token of my affection.
And in the next place to pay and apply two hundred pounds in providing suitable furniture and effects to furbish a house for my unmarried daughters or in case my said Trustees shall think better to select from my effects furniture and domestic requisites to the above amount and subject thereto In trust for and to divide the same proceeds or stand possessed of the said real and Personal estate and effects such of my six children (viz the said
Edwin Heming Fereday, Richard William Fereday, Heming Turton Fereday, Emmeline Harriet Fereday, Frederick Francis Fereday and Adelade Roseline Fereday) as have lived or shall live to attain the age of twenty one years their his or her executors administrators or assigns provided nevertheless that of the share of my Son the said
Edwin Fereday the same shall be held or invested in Government funds or on real security by my other trustees and the rents dividends interest thereof only paid to him for the term of ten years after my decease if he shall so long live.
Provided further that in case the said
Edwin Heming Fereday shall become bankrupted or insolvent within the bankrupt or insolvent Laws before the expiration before the said term of ten years that his share as well original as accruing shall go over and I do hereby declare that the same shall be in trust for my Son the said
Richard William Fereday, his executors administrators and assigns being my express intention that the provision so made for him my said Son
Edwin Heming Fereday shall be an inalienable provision for him during the said term of ten years and that he shall not have any invested interest therein except he shall live to the expiration of the term of ten years and shall not in the mean time have been bankrupt or insolvent provided further.
And I do declare that in the mean time and until all of my children as at the time of my death shall be under age shall attain their his or her majority my said trustees shall invest their his or her presumptive share in the public funds or upon real security and shall apply the dividends interest product thereof or the rents and income portion of my estate as shall be unconverted in for and towards their his or her maintenance and duration and shall so apply such part of the principal as to them or him shall seem reasonable in advancing such child or children in the world Provided further and I do hereby declare that in case my said estate and effects shall not produce more than
five thousand pounds that the said legacy of fifty pounds before given to my Son
Charles Henry Fereday shall not be payable but shall sink into the residue for the benefit of my other children before named as I am sure that my said Son
Charles as also my Son
John and my daughter
Harriet Ann Elizabeth Bickley will feel that in their worldly prospects they have advantage which their Brothers and Sisters can hardly expect to realise.
And lastly I do revoke all Wills and Codicils by me at any time heretofor made and do declare this only to be my last Will and Testament In Witness whereof I the said Testator
John Turton Fereday have to this my last Will and Testament contained on these sheets of paper set my hand the day and year first above written
John Turton Fereday
Signed published and declared by the said Testator
John Turton Fereday as and for his last Will and Testament in the presence of us who have in the same time in his presence at his request in the presence of each other have hereunto subscribed our names as witnesses
witnesses
William T. Fereday, W Parkes