John Parker 54

This is the last will and testament of me John Parker of Edgbaston in the County of Warwick plater

I direct my Executrix and Executors hereafter named to pay my just debts funeral expenses and the costs and charges of proving and executing the trusts of this my will out of my personal estate

I also direct them as soon after my decease as conveniently may be to cause an inventory and duplicate to be made of all my household furniture plate ? ? books ? and big pictures and other household effects in and about my dwellinghouse at the time of my decease and that the Duplicate thereof shall be delivered to my wife Margaret Parker and I further direct that she my said wife shall be permitted to have the free use and enjoyment of all my said household furniture and other articles contained in the said Inventory for and during the term of her natural life and from and after the decease of my said wife I give the portrait of myself to my Son John Parker and the portrait of my said wife unto my Son William Parker and the landscape portrait now in the sitting room I give to my Son Edward Parker and with respect to my household furniture and the remaining of the articles contained in the said Inventory I give the same to my sons John Parker and Henry Parker equally to be divided between them share and share alike

I likewise give to my said wife the sum of hundred pounds to be paid to her as soon after my decease as conveniently may be to and for her own use and benefit

I also give to her my store of wine and or other liquors I may have at my dwellinghouse at my decease

Whereas I did on the first day of January last agree to admit my sons John and Henry into partnership with me and my trade under the firm of Parker and Sons they taking each one fourth share and I two fourth shares and on that I occasion I valuated my capital work and profits up to that point at the sum of eight thousand pounds now my mind and will is that my said sons John and Henry shall on my decease retain to their own use out of my said capital of four thousand pounds that sum of two thousand pounds which I hereby give and bequeath to them and with respect to the remainder of my said capital of four thousand pounds and also any additional capital I have since the said first day of January advanced or may advance I direct my said sons John and Henry to pay the same to my said trustees and as to my share of profit from the said first day of January last I consent to accept for the same the sum of eight hundred pounds a year from that time so that there will not be any occasion for stock taking at my ?[business?] if my said sons John and Henry object to this mode of arrangement which I have no doubt they will do and I direct my said sons to give in addition to the security hereinafter mentioned their joint and several bond for the ? of the said capital and profits with interest th? at the rate of five pounds per cent per annum from the time of my decease by half yearly payments of five hundred pounds until the same shall be paid but with liberty to my said trustees to extend the time if they shall think proper

I give to my daughter in law Ann Elizabeth Parker the sum of two hundred and forty six pounds being the money as received of her brother William Fordman [Foreman?] to and for her own use independently of her present or any future husband and her receipt alone notwithstanding ?ure I direct to be a good receipt for the ? I likewise direct that interest on such principal at the rate of five pounds per cent be paid to her from the time I decease such money until the payment of it to her

I direct and devise to my said wife Margaret Parker and my friends William Room of Birmingham Merchant and Mr James Hart Senior of Birmingham aforesaid bookkeeper to Mr Oliver Mason of Birmingham Merchant all that my freehold dwellinghouse with the ground and appurtenances thereto belonging now in my occupation situate in Monument Lane Edgbaston at the corner of Parker Street together with my piece of land situate near the Monument and adjoining the land in the possession of Mr Henry Van Wart and also the piece of land opposite the said house which I have lately contracted to purchase to hold to them thine theirs and assigns upon the trusts hereinafter mentioned (that is to say) upon trust to complete the said purchase of the said piece of land out of my personal estate and to receive the rents and profits of the said messuage and premises and of the said piece of land and after paying the expense of keeping the said messuage and buildings in tenantable repair and the annual premiums of insuring the same against accidents by fire to the amount of five hundred pounds to pay the clear residue of such rents to my Son William Parker for and during the term of his natural life or otherwise to permit him to receive the same saving such his natural life and from and immediately after his decease upon trust to apply this clear rents to and for the benefit of his children equally if more than one until the youngest shall attain twenty one years of age and on that event happening I give and devise the said freehold property to such children equally if more than one as tenants in common in ? and if but one child to such only child his or her heirs and assigns for ever and in default of ? I give and devise the said freehold property to my sons John Edward and Henry as tenants in common and not as joint tenants their several heirs and assigns forever

I also give to my said son William Parker five of my shares which I hold in Golds Patent Glass business to and for his own use and benefit

I give and bequeath the said William Room and James Hart the sum of two hundred pounds which I lately received from William Fordman also the principal sum of forty pounds due to me from Mr Robert Silk Confectioner and Elizabeth Parker of Hereford dealer in china and glass with all interest then due ? and also the sum of two thousand pounds part of my said capital which I have herein before directed to be paid to them by my sons John and Henry to be placed out at interest on mortgage of freehold or household property or in the public funds of England Britonn and out of the interest to assist therefrom to pay to my said wife the sum of hundred pounds ten shillings per quarter for her own use and benefit for and during the term of her natural life and with respect to the surplus interest arising from the said sums I direct the same to be applied by said trustees from time to time to and for the use and benefit of my said son William or of his wife child or children in such manner and form as my said trustees in their discretion shall think fit I likewise empower my said trustees to advance to or for the benefit of my said son William any part or parts of the said principal money which they in their discretion shall think proper nevertheless without prejudice thereof to or sufficient portion thereof being left to secure to my said wife the sum of fifty pounds per annum during her natural life and upon the decease of my said son William I direct the said monies or so which thereof as then shall remain subject as aforesaid to go to his children equally if more than one share and share alike and if only one the whole to such only child but if he shall depart this life without having lawful issue then I wish the said sum of two hundred pounds or so much thereof as shall then remain unapplied to go to his wife Ann Elizabeth if she shall survive him to and for her own use and benefit and the remainder of the said principal monies and also the said two hundred pounds in case of the death of his wife before him I direct to be equally divided between my said other sons John Edward and Henry share and share alike

I also give and bequeath to my said wife and the said William Room and said James Hart their executors administrators and assigns all those my three front leasehold houses in Fleet Street Birmingham with the dozen? at the back thereof to hold to them for the remainder of my term therein upon d? to receive the costs thereof and thereout to pay the ground rent affecting the same and also the expenses of keeping the whole in tenantable repair and the clear rents I direct to be paid to my son William for said during the term of his natural life and from and immediately after his decease I give leasehold property to his children equally if more than one child and if but one child to him or her for all my term and interest therein and in default thereof I give the same leasehold promises to my sons John Henry and Edward equally between them and whereas the household furniture now in and about my son Williams dwellinghouse was paid for by myself and I consider it my property now I direct as Inventory thereof to be made and give the said furniture to the said Margaret Parker William Room and James Hart upon trust to permit my said son William to have the use of such furniture for his natural life and immediately after his decease I give the same to his wife if then living to and for her own use and if she shall be then dead I direct the said to go to his next of kin by blood and I further declare it to be my will that neither of my sons shall be charged by any executrix and executors with any sum or sums of money that I may have already advanced and given to them or which I may hereafter advance and give to them unless I shall have taken a note for the payment of the same by whom I may have advanced or shall advance such money in which case he or they shall be debited to the amount of the money due on such note or notes at my decease

And with respect to all my Manufactory ? by myself situate in Summer Row Birmingham by then with the dwellinghouse and buildings adjoining thereto and the land to the same belonging and which I hold under a lease for a long term of years I give and bequeath the said subject to the conditions of the lease under which I hold the said to my two sons John Parker and Henry Parker equally between them share and share alike as tenants in common and not as joint tenants subject nevertheless to the payment of my capital heretofore given to my said trustees and likewise to the payment of one hundred pounds a year to my said wife for her life by four quarterly payments in each year with power in case in default in payment to take a business for securing the same in the case of arrear of ?

I give and bequeath to my said son John for his own use my four shares in the Birmingham Banking Company also fifty pounds lent by me to Charles Ellis plater likewise the sum of one hundred and fifty pounds lent by me on mortgage of four houses in Banbury Street to Mr John Denston[?]

Likewise my ? and bond scrip which I now hold I give and devise unto my said wife Margaret and the said William Room and James Hart all that my freehold house with the land and appurtenances thereto belonging being number four in Monument Place in Edgbaston aforesaid to hold to them their heirs and assigns upon trust to receive the rents thereof and to pay the clear rents after paying the expense of keeping the messuage and buildings in tenantable repair and annual insurance and accidents by fire to my said wife for and during the term of her natural life and from and after her decease I direct the rents to go to my said son John Parker or otherwise to permit him to receive the same for and during the term of his natural life and from and immediately after his decease in case he shall leave a lawful child or children him surviving I give and devise the same to such his child or children equally if more than one as tenants in common and not as joint tenants their respective heirs and assigns and he shall have but one such child then the whole to go to such only child his or her heirs and assigns for ever and in default of such issue I direct such property to go to such other of my said son or sons or their or any or other of their children in such shares and proportions of the whole to own as my said son shall by his last will and testament give devise or appoint the said and in default of such disposition and subject thereto I give and devise the same to my sons Edward Henry and William their heirs and assigns as tenants in common at fee and not as joint tenants

I give and bequeath to my said son Henry Parker to and for his own use my forty shares in the Birmingham District Fire Office

I give and bequeath my house in the Wellington Road with its appurtenances and likewise my house number three at the Crescent Birmingham to the said Margaret Parker William Room and James Hart their executors administrators and assigns for all my several terms in the leases thereof upon trust to receive the rents thereof and thereout to pay the expenses of keeping the leasehouses in tenantable repair and also the annual insurance against accident by fire and with respect to clear rents to pay the same unto my son Edward Parker for and during the term of his natural life or otherwise permit him to receive the same and from and immediately after his decease upon trust for the lawful children of the said Edward Parker equally if more than one as tenants in common and if but one then the whole to such only child his or her executors administrators or assigns and in default of issue upon trust for such one or more of my said sons or their several children and he my said son Edward shall by deed or will such give or bequeath the same and in default of such disposition and subject thereto upon trust for my said sons John William and Henry equally between them as tenants in common and not as joint tenants their respective executors administrators and assigns

I give and devise to the said Margaret Parker William Room and James Hart their heirs and assigns all that my freehold house with the appurtenances thereto belonging being number three in Monument Place in Edgbaston aforesaid upon trust for which the rents thereof and after paying the expenses of keeping the said messuage and buildings in tenantable repair and also the annual insurance against accidents by fire to pay the surplus unto my said son Edward Parker to and for his own use for and during the term of his natural life or otherwise to permit him to receive the same and from and after his decease I give and devise the said last mentioned freehold property unto my grandson John Parker son of my son Edward Parker his heirs and assigns forever but in case my said grandson John shall depart this life before his father then the said Edward Parker should have at his decease any other child or children then I give and devise unto such children equally if more than one as tenants in common and not as joint tenants their several heirs and assigns and if only one child then I give and devise the whole to such only child or his heirs and assigns for ever and in case my said son Edward should depart this life without leaving lawful issue then I give and devise the said last mentioned house and appurtenances unto my said sons John William and Henry equally between them as tenants in common and not as joint tenants their heirs and assigns forever

I give and bequeath unto my said wife Margaret Parker and said William Room and James Hart their executors administrators and assigns all those my three houses situate in Broad Street near Birmingham aforesaid in the tenure of Mr Harwood Mr Jones and Mr Hopkins and likewise my three house in Tennant Street [140] in Birmingham aforesaid in the occupation of Mr ? Mr Ward and Mr Styche to hold to them their executors administrators and assigns for all my term and ? therein upon trust to receive the rents thereof and thereout to pay the sum of fifty pounds per annum to my said wife Margaret Parker to and for her own use and benefit by four equal quarterly payments of twelve pounds ten shillings from my decease for and during the term of her natural life and the remainder of the said rents after paying the expenses of keeping the said messuages and buildings in tenantable repair ground rent and annual insurance against accidents by fire I direct to be paid to my said son Edward for and during the term of his natural life or otherwise to permit him to receive the same to and for his own use and benefit and from and immediately after his decease I give the said last mentioned property subject as aforesaid to the children of the said Edward Parker equally between them is there more than one as tenants in common and not as joint tenants their executors administrators and assigns and if but one such child then the whole to such only child his or her executors administrators or assigns

I give and bequeath to my said son Edward my remaining five shares in said Gold Patent Glass business to and for his own use and benefit I also give to him my said son Edward twenty shares in the New Union Mill to and for his own use and benefit

And whereas my said son Edward did carry on the trade of a jeweller and I have supplied and given to him several sums to enable him to carry on now I hereby declare that the said sums so advanced by me were given to him to and for his own use and benefit

I have also purchased the household furniture now being in and about his dwellinghouse now occupied by him it is now my wish that an inventory be taken of such household furniture which furniture I hereby give to my said trustees in trust to permit and suffer my said son Edward to have the use thereof for and during the term of his natural life and from and immediately after his decease I give the same to his widow for her own use and benefit I shall survive him but if she should die before him then I direct the same to go and be divided between his next of kin in blood

I have now in my possession part of the stock of jewelry belonging to my said son Edward which stock I give to him unless I dispose thereof in my lifetime

I give and bequeath to my daughter in law Mary Ann Sunderland wife of Charles Westly Sunderland and the said Charles Westly Sunderland the dwellinghouse in whereof they now live in Summer Lane in Birmingham aforesaid to hold to them for their lives and the live of their survivor and from and after the decease of the survivor of them ["Original so" written in margin] subject to the payment of the ground rent and the observance of the lessees covenants under the lease under which I hold the same and from and after the decease of the survivor of them I direct my Executrix and Executors or the survivors of them to make sale of such household and dwellinghouse either by public auction or private contract as they shall think best and to pay the clear money to arise therefrom after deducting the expenses of the said sale or ? thereto under the children of the said Mary Ann Sunderland in such parts or shares as they my said trustees shall think proper

I give and bequeath to my daughter in law Amelia wife of John Frederick Parker I give the sum of two hundred pounds of lawful British money to own for her own absolute use and benefit independently of her present or any future husband and her receipt alone notwithstanding any ? to be a good and sufficient receipt for the same and I direct the same to be paid within twelve calendar months after my decease and I direct my Executrix and Executors out of the residue of my estate to place out at interest upon mortgage of freehold or leasehold security or in the government funds of Great Britain such sum or sums of money that will produce an annual interest or dividend equal to sum of twenty pounds ["which said annual sum of twenty pounds" written in margin]

I direct to be paid to my sister Mary Parker during her natural life by four equal quarterly payments of five pounds each quarter from my decease to and for her own use and benefit

I give to my friends the said William Room and James Hart the sum of nineteen guineas each as a mark of my respect

And as to all the Rest and Residue of my property not hereintofore by me otherwise disposed of and subject as aforesaid and also the principal money at my sister Mary's decease above directed to be invested to pay her twenty pounds a year for life I give and bequeath the same unto my said four sons William Parker John Parker Henry Parker and Edward Parker to be equally divided between them share and share alike

And I empower my said trustees and Executrix and Executors if they shall think proper to advance or pay to or for any legatee under this my will who may be under the age of twenty one years at the time of the legacy or bequest vesting in him the whole or any portion rent interest or dividends that he may be entitled to in respect of any devise or bequest made under this my will during his or her minority and as to any property vested in such as trustee and mortgagee devise and bequest that same to the said Margaret Parker William Room and James Hart their heirs executors administrators and assigns subject to the several ? thereof respectively to the uses and upon the trusts and for the ends intents and purposes to or upon which the same and or shall be respectively vested in me

And I hereby declare to be my will that whatever property any female may take by virtue of this my will shall go to her for her own solo and separate use free from the debt power or control of any husband she may happen to have and her receipt alone notwithstanding ? shall be a sufficient discharge my trustees and Executrix and Executors for the same

And I do hereby delare and direct that if the said Margaret Parker William Room and James Hart or either of them shall bid or refuse or decline to act in or shall desire to be discharged from the trusts respectively in them by this my will reposed then and in such case or now trustee shall be appointed by the remaining trustees or trustee in the room of the one so declining or refusing to act or desiring to be discharged or in case of death by the surviving trustee or trustees and the said trust estates and promises and all trust property in whether real or personal of what nature or kind soever that shall under this my will be vested in the said trustees or the trustee or trustees for the time being shall respectively be conveyed and assigned so as that the same may respectively become vested in such new trustee or trustees and such surviving or continuing trustees or trustee upon the same trusts and with the same powers as are hereinbefore declared and so from time to time as often as need shall be and require and with respect to any monies which shall be received by my said trustees or the survivors or survivor of them his or her heirs executors administrators or assigns by virtue hereof I hereby declare that their his or her script or scripts shall be a good and sufficient discharge and good and good [sic] and sufficient discharges to any person or persons so paying [sic - s/b saying?] the said shall not be answerable or in anywise accountable for the misapplication or nonapplication thereof and it is further my desire that they my said trustees and executrix and executors acting as trustees or as executrix or executors shall be charged and chargeable only with such monies as they respectively shall actually receive and that neither of them shall be answerable or accountable for the acts deeds and defaults only likewise that neither shall be answerable or accountable for the failure of any bank or banks wherein my property or any part thereof may be lodged nor for the failure of any security or securities upon which the same or any part thereof may be placed out upon nor for any other loss or losses to arrive in and to my property provided due and proper caution be used and there be no wilful negligence in my said trustees and executrix and executors any or either of them and further they my said trustees and executrix and executors and the survivors and survivor of them and the heirs executors or administrators and assigns of such survivor shall at all times have full power to call in and reinvest my personal estate as and when then shall think proper on mortgage of freehold or household securities or in the public funds of Great Britain and that they shall be at liberty to reimburse and pay each other of them shall pay sustain become liable to an account of the trusts hereby reposed in them or in the execution of such trusts or any or other of them and I do hereby appoint my said wife Margaret Parker Executrix and the said William Room and James Hart Executors of this my will hereby revoking all former and other wills by me at any time heretofore made and declaring this to be may last

In Witness whereof I have to this my last will and testament contained in thirteen sheets of paper set my hand and deal in manner following that is to say to the twelve preceding sheets my hand and to this thirteenth and last sheet hereof my hand and seal this fifteenth day of October one thousand eight hundred and thirty six --- John Parker (L.S.) == Signed sealed and published and declared by the said testator John Parker as and for his last will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto --- J London == M Blakemore Clerks to Messrs Tyndall & Rawlins Solrs B? === Mary Fearneyhough of Northwood Street, Birmm Spinster

Proved at London 30th December 1836 before the Judge by the Oaths of Margaret Parker widow the Relict and James Hart two of the Executors to whom admon was granted having been first sworn (by Comon) duly to administer William Room the other Executor named in the said will having first renounced the probate and execution thereof