Will of Richard Butler miner of Wednesbury 1839

Date: [unknown] [unknown]
Location: [unknown]

Richard Butler miner of Wednesbury, Staffordshire wrote his Will on [17?] March 1839 and it was proved in the Bishop's Court of Lichfield on 8 April 1839. He died on 29 March 1839^[1]

Transcription conventions used in this text:

• Spelling, punctuation and line breaks are as per the original document.
• Where present, ff has been rendered as F, and the old letter Thorn has been rendered as th.
• Abbreviations and breviographs have been expanded in [square brackets].
• Additions and margin notes, where they occur, have been added where indicated in the text.
• Crossings through, where they occur, have been included Struck out.
• Illegible words or parts of words are marked [...]
• The image quality and the handwriting legibility were poor, the Will being faded, folded and damaged on the right hand side.

Persons mentioned:

• Richard Butler Testator
• Sarah Butler Wife
• George Butler Son
• Samuel Woodward Son in law, husband of testator's daughter Kezia
• Benjamin Butler Son
• Hannah Kendrick Daughter
• Joseph Butler Son
• Comfort Hawkins Daughter, deceased
  • Simeon & Richard Hawkins Her sons, testator's grandsons
• Kezia Woodward Daughter, Samuel's wife
• John Butler Son
• Job Butler Son
• Moses Howl, Samuel Jevon, John Saunders Witnesses

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This is the last Will and Testament of me Richard Butler of
the parish of Wednesbury in the County of Stafford . Miner . I will and direct .That
all my just debts funeral and testamentary expenses be paid by my Executors
hereinafter named - I give devise and bequeath to my wife Sarah Butler
All my Household goods and furniture plate bedding Linen brewing utensils
and all other my household effects. And also all my Stock in Trade . Tools
money securities for money book debts and all other my personal Estate
and effects whatsoever and of every description And also all my Messuages
Lands Tenements and real Estate whatsoever and wheresoever with their [several]
appurtenances . To hold to her my said wife for and during the term of
her natural life - And from and immediately after her decease - I give [devise]
and bequeath unto my son George Butler and to my son-in-law
Samuel Woodward All and singular my said real and personal Estates
and effects so given to her my said wife for her life as aforesaid . To hold
to them the said George Butler and Samuel Woodward and the survivor
of them his heirs executors administrators and assigns Upon ^^the trusts and to
and for the intents and purposes hereinafter mentioned expressed and declared
of and concerning the same (that is to say) Upon trust that they my said
Trustees or the survivor of them his heirs executors or administrators do and
shall as soon as convenient after the decease of my said Wife make sale and
absolutely dispose of all and singular or so much and such part or parts of
my said real and personal estate and effects as shall not consist of money
^[Interlined] or securities for money And do and shall collect get in and receive all such part or parts thereof as shall consist of money securities for money
such sale or sales to be either by public auction or private contract and either
together or in Lots or parcels as my said Trustees shall think fit an most
advantageous - And also make execute and perfect all necessary and prope[r]
Deeds and writings assignments and assurances in the Law for the [...]
of vesting the same in any purchaser or purchasers thereof or in such
person or persons as he she or they shall direct or appoint - And I do here[by]
Will and direct and declare that the receipt or receipts of my said Trus[tees]
or the survivor of the his heirs executors or administrators shall be a
good and sufficient discharge to any person or persons purchasing pay[ing]
in or discharging any part or parts of my said real and personal Estate
and effects and such person or persons shall not afterwards be answerable
for the loss misapplication or nonapplication of the money in such receipt
or receipts expressed to be received or be in anywise responsible for the misapplication
or nonapplication thereof - And do and shall stand and be possessed of
and interested in the monies to arise by such sale or sales and to be so
collected got in and received as aforesaid Upon the Trusts and for the intents

[Page 2]
and purposes hereinafter declared or expressed concerning the same (that is to say)
As to one full and equal eight part or share of and in the said trust monies .
Upon trust that they my said Trustees do and shall place out the same at interest [on]
real security and pay the interest thereof as and when the same shall be received
by them to my son Benjamin Butler for and during the term of his natural lif[e]
And from and after his decease - I direct that the said eight part or share so to b[e]
invested shall be called in and paid unto and equally divided between and amongst
all and every the Children of my said son Benjamin share and share alike th[e]
several executors administrators and assigns - As to one other full and equal
Eighth part or share of and in the said trust monies Uppon trust that they
my said Trustees do and shall place the same at interest on real security
and pay the interest thereof as and when the same shall be received by them
to my daughter Hannah Kendrick for and during the term of her natural life
to and for her own seperate use and benefit . And from and after her decease
I direct that the said last mentioned eighth part or share shall be called in
and paid unto and equally divided between and amongst all and every the
Children of my said daughter Hannah Kendrick share and share alike the
several executors administrators and assigns - As to one other full and equal
Eighth part or share of and in the said trust monies Upon trust that they
my said Trustees do and shall place out the same at at interest on [...]
and pay the interest thereof as and when the same shall be received by them
to my son Joseph Butler for and during the term of his natural life . And
from and after his decease I direct that the said last mentioned eighth part
or share to be called in and paid unto and equally divided between and amongst
all and every the children of my said son Joseph share and share alike their
several executors administrators and assigns - As to one other and equal Eighth
part or share of and in the said trust monies Upon trust that they my said trustees [do]
and shall pay unto and equally divide the same between my Two Grandchildren
Simeon Hawkins and Richard Hawkins sons of my late daughter Comfort Haw[kins]
share and share alike their several [rest of line illegible]
always and if either of them my said Grandchildren shall die under the age [of]
Twenty one Years without leaving lawful issue then I direct my said Trustees
pay the share of him so dying unto the survivor of them my said Grandchildren
And in case both of them my said Grandchildren shall happen to die under [the]
age of Twenty one Years without leaving lawful issue - then I direct my said Trus[tees]
to pay the said last mentioned Eighth part or share unto and equally distri[bute]
and divide the same between and amongst all my Seven children share an[d]
share alike there several executors administrators and assigns - As to one o[ther]

[Page 3]
full and equal Eighth part or share of and in the said Trust monies Upon
trust that they my said Trustees do and shall pay the same unto my daughter
Kezia the wife of Samuel Woodward her executors administrators and assigns
to and for her and their own use and benefit - As to one other
Eighth part or share of and in the said trust monies Upon trust that they
my said Trustees do and shall pay the same unto my son George Butler
his executors administrators and assigns to and for his and their own use
and benefit As to one other full and equal eighth part or share of and in
the said trust monies Upon trust - that they my said Trustees do and shall
pay the same unto my son John Butler his executors administrators
and assigns to and for his and their own use and benefit And as to the
other or remaining full and equal Eighth part or share of and in the said
trust monies Upon trust that they my said Trustees do and shall pay and
the same unto my son Job. Butler his executors administrators and
assigns to and for his and their own use and benefit . And lastly . I do
hereby nominate and appoint my said wife Executrix and the said
George Butler and Samuel Woodward Executors of this my Will and
hereby revoking all other Wills by me at any time heretofore made
and do declare this to be my only true last Will and Testament
In witness whereof I [obliterated by fold] hand the [seventeenth?]
of March One thousand eight hundred and thirty nine //
the mark of
Richard Butler

Signed by the said Richard Butler the
Testator as and for his last Will and Testament
in the presence of us who at his request in his
presence and in the presence of each other
have subscribed our names as witnesses we having
first observed the words - "or securities for money And do
and shall collect get in and receive all such part or
parts thereof as shall consist of money securities
[...] money" - to have [b]een interlined between the Twenty
second and twenty third lines from the Top of the
first side //
Moses Howl
Samuel Jevon
John Saunders

[Probate]
Lichfield 8^th April 1839
Let a Probate of this Will be granted
to Sarah Butler Widow George Butler
and Samuel Woodward the Executors
They being duly sworn as also
that the deceaseds personal
Estate will not amount to
450£ Before me
John Muckleston
Surrogate

Testator died
29^th March
1839

[Affadavit (extract)]
Appeared Personally Sarah Butler of Wednesbury in
the County of Stafford Widow, George Butler of Vauxhall
Road Liverpool in the County of Lancaster Fitter and
Samuel Woodward of West Bromwich in the County
of Stafford Bricklayer
[dated 8 April 1839]

Sources

1. ↑ Probate: "Staffordshire, Dioceses Of Lichfield And Coventry Wills And Probate 1521-1860"
   FindMyPast Image - FindMyPast Transcription (accessed 21 February 2024)
   Richard Butler probate in 1839. Died 29 Mar 1839 residing in Wednesbury, Staffordshire, England.