Samuel Smith (bef. 1770 - 1838)

Born before 15 Jun 1770 in Birmingham, Warwickshire, England

Husband of Nancy (Francis) Smith — married 2 May 1792 in Birmingham, Warwickshire, England

Died 12 May 1838 after age 67 in Birmingham, Warwickshire, England, United Kingdom

Biography

Samuel Smith was born in about 1770. He was christened on 15 Jun 1770 at Moor St Unitarian New Meeting House in Birmingham, Warwickshire. He was the son of Timothy and Susannah Smith.

Samuel married Nancy Francis on 2 May 1792 in Birmingham. He was a merchant, she was a spinster; both were 21 years or older, and living in St Martin's, Birmingham.

Samuel died on 12 May 1838 (according to the burial register) or 13 May 1838 (according to the memorial inscription), aged 68 (according to the inscription) or 67 (burial record). He was buried on 18 May 1838 at the Presbyterian Old Meeting House Burial Ground in Birmingham. His address was recorded as Calthorp St Edgbaston.

In his will, dated 22 Jul 1826, Samuel described himself as Samuel Smith Esquire of Birmingham. He left all his household furniture, plate, linen, china, wearing apparel and books to his wife Nancy. Everything else he owned was to belong to a trust administered by his brother Timothy Smith (banker of Birmingham), his nephew Henry Smith (brassfounder of Birmingham), and his nephew John Francis (merchant of Birmingham). The trust was to sell everything and convert it into capital, pay his debts and funeral expenses, and invest the money. The income from the money invested was to go to his widow during her lifetime for her sole use and benefit, whether or not she remarried. After her death, the income was to go to his daughter Jane Martineau, wife of Robert Martineau of Dudley, during her lifetime, for her separate use and benefit. Once both had died, the trust was to be wound up, and whichever of the two (his wife and daughter) lived longer would be able to leave the capital to whoever they wanted in their own will, and if they failed to make a will it would go to their next of kin. The three trustees were to be the executors.

The will was witnessed by J W Whateley (solicitor of Birmingham) and his clerks, Jno Beach and M Hickman.

A codicil dated 4 Aug 1834 appoints Samuel's son-in-law Robert Martineau (formerly of Dudley but now of Birmingham) as one of the trustees in place of Samuel's brother Timothy Smith, who had recently died. It also adds that £50 is to be paid to his wife within 21 days of his death to supply her immediate "occasions" (i.e. needs). It clarifies that his daughter is allowed to bequeath the capital to her husband if she wishes, in spite of the clauses the will contains to ensure that any husband of his wife or daughter will be unable to take control of the money while the wife or daughter is alive. It also clarifies that if the survivor of his wife and daughter doesn't leave a will and their next of kin is a child, the trustees can leave the capital invested and use the income for the child's benefit till they are of age.

The codicil was witnessed by Arthur Ryland (solicitor of Birmingham) and his clerks, Chas Wheelwright and Henry Cooper.

The will was proved on 13 June 1838. John Francis renounced the probate, the other two accepted it.

Nancy died on 10 Feb 1847, aged 78, and was buried with her husband.

Research Notes

Memorial Inscription

  SAMUEL SMITH

  died May 13th 1838 aged 68 years.

  NANCY SMITH

  his Wife

  died Feby 10th 1847 aged 78 years

Beale's notes: "Samuel Smith (Low Bailiff in 1816) and Nancy Smith (born Francis) were maternal grandparents to the Martineau family, of Edgbaston."

Sources

• Baptism: Birmingham : Moor St Unitarian New Meeting House : Register of unspecified type : "Parish Register" database, FreeREG (https://www.freereg.org.uk/search_records/5817cd36e93790eca3e81ec2 : viewed 19 Feb 2021) baptism Samll Smith 15 Jun 1770

• Marriage: "England, Warwickshire, Parish Registers, 1535-1963," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QGDL-R23V : 26 February 2019), Samuel Smith and Nancy Francis, 02 May 1792; Marriage; citing Birmingham, Warwickshire, England, United Kingdom, p. , Warwick County Record Office, England; FHL microfilm 919,766.

• Marriage bond: "England, Staffordshire, Church Records, 1538-1944," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:QLQY-YGH7 : 8 July 2020), Samuel Smith and Nancy Francis, 1792; citing Marriage License, St Martin, Birmingham, Warwickshire, England, Staffordshire & Stoke on Trent Archive Service, Stafford; FHL microfilm 7,619,292.

• Burial: Birmingham : Old Meeting House : : "Parish Register" database, FreeREG (https://www.freereg.org.uk/search_records/5818c648e93790de6a0c7dd4 : viewed 19 Feb 2021) burial Samuel Smith 18 May 1838

• Memorial Inscription: Beale, Catherine Hutton. Memorials of the Old Meeting House and burial ground, Birmingham. (Birmingham: White and Pike, 1882). Accessed on https://archive.org/stream/memorialsofoldme00beal#page/n153/mode/2up

• Probate: National Archives Catalogue Reference: PROB 11/1897/137. Description: Will of Samuel Smith of Birmingham , Warwickshire. Date: 13 June 1838. Accessed on https://discovery.nationalarchives.gov.uk/details/r/D266982

Footnotes