Will of James Wallis, 1793-1866

I received this document in August, 2004.  The document, as I received it, was three legal sized pages, and appeared to be a transcribed 'copy' of the will. I scanned the document and forwarded the OCR (optical character recognition) scan to Microsoft Word for editing.  The copy that I have is one long ongoing 'sentence' with no punctuation and no indenting.  It has been modified from that form in an effort to make it more readable.  No spellings have been changed!

As you may recall, James Wallis was the father of Susan Wallis who married George Evans Tener, the oldest son of John Kinley Tener I. (TBB Page 30 and 31) In addition, John's daughter Eliza married John Frost, and their daughter Eliza Frost married Hampden E. Tener I, the youngest son of John Kinley Tener I. (TBB Pg. 30 and 32):

This is the Last Will and Testament of me James Wallis of Nottingham Park in the County of Nottingham.

Gentleman, I direct the payment of all my just debts funeral and testamentary expenses as soon as conveniently may be after my decease. I give and bequeath all my household goods and furniture - plate linen china and wearing apparel (but not my books), to my dear wife Sarah Wallis absolutely. I also give and bequeath to my said wife an annuity of Three hundred pounds per annum for and during her life to be paid to her by equal quarterly payments the first payment to be made at the expiration of three calendar months from my decease and to be charged and chargeable upon my seven Warehouses in Mary Gate and Kaye's Walk, Nottingham in exoneration of my other real and personal estate and with the usual powers of entry and distress and perception of rents in case of the said annuity being at any time more than twenty eight days in arrear.

I also direct that my said wife shall have the privilege of occupying the house in which I now live rent free for twelve months next after my decease.

I give to my daughter Hephzibah Macrum the small farm of about thirty acres more or less belonging to me and situate in the parish of Killyman, in the Barony of Dungannon, County Tyrone, Ireland, to hold to my said daughter her heirs and assigns forever for her sole and separate use and benefit independent of the debts control and engagements of her present or any future husband and (subject only to the gifts and bequests aforesaid).

I give devise and bequeath all my lands houses and real estate whatsoever and wheresoever my two leasehold houses in Nottingham Park aforesaid and all other the residue and remainder of my personal estate and effects unto Edmund Manfull of Nottingham aforesaid Upholsterer; my son in law Robert Black of 56 Hill Street, Knightsbridge, London; Draper Thomas Underwood of Carrington, near Nottingham. Gentleman and my son John Wallis their heirs executors administrators end assigns upon the trusts nevertheless and for the intents and purposes following that is to say Upon trust with all convenient speed after my decease to sell get in and convert into money all such part of the residue of my personal estate and effects as shall not be then already satisfactorily invested. And to receive the rents of my said real estate and of my said leasehold property and with and out of the rents of my said property in Mary Gate and Kaye's Walk to pay the said annuity hereinbefore bequeathed to my said wife during her life And to pay the rents of my seventeen houses in Eldon Street, Byron Street, Sneinton Road at New Sneinton near Nottingham after deducting repairs and expenses to or permit the same to be received by my daughter Eliza Frost during her life for her sole and separate use independent of the debts control or engagements of any husband whom she may hereafter marry, and her receipts alone whether covert or sole to be good and sufficient discharges for the same but without power of anticipation or alienation thereof. And as to and concernining the remaining proceeds of my said personal estate and effects and the interest thereof.

And also as to and concerning the remainder of the rents of my real and leasehold estates which shall remain after the appropriations aforesaid and other the income of my will and personal estates in the first place to make up thereout the said annuity of three hundred pounds per annum to my said wife in case, at any time hereafter the rents of the property hereinbefore charged therewith should be insufficient to pay the same and subject thereto In trust to lay by and accumulate the same rents and income during my said wife's life and for that purpose to invest the same from time to time at interest upon government or real securities or debentures of first class Railway or other Companies authorized by Act of Parliament in England varying altering and transposing all or any of such investments as to them my said trustees shall seem expedient. And from and after my said wife's decease Upon trust with all convenient speed to sell and dispose of all my said real and leasehold estates (except those in which a life interest hath been given to the said Eliza Frost as aforesaid) either together or in lots and either by public auction or private contract for the best prices that can reasonably be obtained for the same and to convey and assign the same when sold unto the purchaser or purchasers thereof his her or their heirs executors administrators and assigns and also to call in and convert into money all the then accumulations and investments of my said other estate and effects and with and out of the proceeds thereof in the first place to pay the following legacies to my children hereinafter named videlicet:

To my son Caleb Wallis five hundred and twenty pounds;

To my daughter Sarah Ann, the wife of the said Robert Black, one thousand seven hundred pounds;

To my daughter Susan, the wife of George Tener, one thousand six hundred pounds.
My executors however satisfying thereout or taking care that my estate is discharged from the two hundred pounds for which I have given security for the said George Tener to the said Robert Black;

To my daughter Priscilla, the wife of Walter Ladbrook, one thousand seven hundred pounds

To my son Thomas Steadman Wallis one thousand pounds my executors however satisfying thereout or taking care that my estate is discharged from the security which I have given for my said son to the Huddersfield Banking Company;

And to my said son John Wallis one thousand seven hundred pounds my executors however deducting thereout and out of the other bequests hereby made to him in the amount which shall be due from him to me at my decease upon his promissory notes at various dates extending up to the year one thousand eight hundred and sixty nine and also satisfying or taking care that my estate is discharged from the security of one thousand two hundred pounds which I have given for him to clients of Messieurs Percy Goodall and Brown Solicitors, Nottingham for which they hold the title deeds of my said property in Nottingham Park and that such deeds shall be given up to my said executors.

And as to and concerning all the residue and remainder of my said real and personal estate and effects and the proceeds thereof after payment of the bequests aforesaid Upon trust to pay and divide the same unto and amongst my children Hephzibah Macrum, Caleb Wallis, Sarah Ann Black, Susan Tener, Priscilla Ladbrook, Thomas Steadman Wallis, and John Wallis or such of them as shall be then living in equal shares and proportions the issue of any of them who may have died leaving issue representing and taking their respective parents shares equally amongst them if more than one.

And as to and concerning the seventeen houses at New Sneinton hereinbefore devised to my said daughter Eliza Frost during her life upon trust at her decease to sell and dispose of the same in like manner as hereinbefore is directed with regard to my other real estate and to divide the proceeds thereof unto and equally amongst all the children of the said Eliza Frost who shall be living at her death and the issue of any who may be then deceased representing and taking equally amongst them if more than one, the share to which their parent would have been entitled if living.
And my mind and Will is that all legacies and shares hereby bequeathed by me to my married daughters shall be paid to them or applied as they respectively may direct for their respective sole and separate use independent of the debts control or engagements of their respective husbands and that the receipts of my said daughters alone shall notwithstanding coverture be good and sufficient discharges for the same but without power of anticipation or alienation thereof.

And also that in every case when the recipients of bequests under this my Will shall be infants under the age of twenty one years my trustees shall have full power to apply the interest and income of their expectant legacies and shares for or towards their respective maintenance, education and advancement in the world during minority.

I also give and bequeath to each of them, the said Edmund Manfull and Thomas Underwood, the sum of fifty pounds for his trouble in executing the trust of this my Will to be paid within twelve months next after my death. I authorize the trustees for the time being of this my Will to satisfy any debts claimed to be owing by me or my estate and any liabilities to which I or my estate may be alleged to be subject upon any evidence which they or he shall think sufficient and to accept any composition or security for any debt and to allow such time for payment (either with or without taking security) as to then or him shall seem fit. And also to compromise or submit to arbitration and settle all accounts and matters belonging or relating to my estate and generally to act in regard thereto as they or he shall think expedient without being responsible for any loss occasioned thereby. 

And I hereby Declare that the receipts of the trustees or trustee for the time being acting in the execution of the trusts hereof for the purchase moneys of real estates sold and for all other moneys paid to them or him in pursuance hereof or of any of the trusts hereof shall be good and sufficient discharges for the same and shall effectually discharge the purchasers or other persons paying the same therefrom and from being concerned to see to the application or answerable for any misapplication thereof.

And I hereby declare that if the said trustees hereby appointed or any of them or any trustees or trustee to be appointed as hereinafter provided shall die or be desirous of being discharged from his office of trustee or shall refuse or become incapable to act then and so often as the same shall happen the said trustees or trustee (and for this purpose any retiring trustee shall be considered a trustee) may appoint any other fit person or persons to be a trustee or trustees in the place of the trustees or trustee so dying or desiring to be discharged or refusing or becoming incapable to act. And upon every such appointment, the said trust premises shall be so transferred that the same may become vested in the new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require and every such new trustee shall (both before and after the said premises shall have become so vested) have the same powers authorities and discretions as if he had been hereby originally appointed a trustee.  And I declare that the trustees for the tine being of this my Will shall be chargeable only with such moneys as they shall respectively actually receive and not for moneys received under receipts in which they shall join for conformity only and that they shall not be answerable the one for the other of them nor for any insufficiency or deficiency of any stock or securities whereon my estate or any part of it nay be invested, nor otherwise for involuntary losses. And that they shall and nay reimburse themselves and each other out of the moneys which shall come to their hands under the trusts aforesaid all costs, damages and expenses whatsoever incurred in the execution of the trusts aforesaid, or in any wise in relation thereto.

Lastly, I appoint the said Edmund Manfull, Robert Black, Thomas Underwood and John Wallis joint executors of this my Will and devise to then their heirs and assigns all mortgaged and trust estates now vested in me upon the trusts, and subject to the equities affecting the same respectively.

In Witness whereof, I, the said James Wallis the Testator, have to this my last Will and Testament contained on this and the three proceeding sheets of paper, set ny hand to each sheet thereof, this eighteenth day of December, One thousand eight hundred and sixty six. James Wallis Signed and published by the said Testator James Wallis as his last Will and Testament, in the presence of us both present at the same time who subscribe and attest the sane in his presence and in the presence of each other - Arthur Wells Atty Nottm - Arthur Alliott Wells L.L.D. Atty Nottingham.




D. Holmes, Sept. 2, 2004