This is a transcript of Bartholomew‘s original will, dated April 2nd 1883, and associated papers.
Jim Morse supplied the document from which they were was taken. That document also contained a copy of a codicil to the will, added in 1884, and probate details, dated 1884 and 1895. All are in the same hand, suggesting that they were made by the same person (a solicitor’s clerk?) at the same time.
I have added some punctuation and paragraphing.
This is the last Will and Testament of me Bartholomew Wilson of Ilkeston in the County of Derby, gentleman.
I direct the payment of all my just debts and funeral and testamentary expenses as soon as conveniently may be after my decease. I appoint my two friends Paul Hodgkinson of Ilkeston aforesaid miller and Charles Potts of Ilkeston aforesaid chemist executors and trustees of this my will and I bequeath to each of them as shall act a legacy or sum of ten pounds free of duty as an acknowledgement for his trouble in his Executorship.
I bequeath to my dear wife Rebecca Anne Wilson such of my furniture and household effects as she may select and also a legacy or sum of ten pounds payable immediately after my decease. I direct my Executors and Trustees out of the capital of my personal estate to pay for the education of my youngest child or longer as they or he may think necessary. I devise all my freehold messuages and hereditaments situate at Ilkeston aforesaid and all other my real estate whatsoever and wherever except my copyhold hereditaments which I do not intend to devise by this my will and I bequeath the residue of all my personal estate unto my trustees, their heirs, executors, administrators and assigns upon trust to sell and absolutely dispose of my said freehold hereditaments and estate and to sell, call in and convert into money my said residuary personal estate. And I declare that my trustees or trustees or trustee for the time being of this my will shall have a full and absolute power of sale over and shall sell and dispose of all my copyhold messuages and hereditaments and my copyhold estates. And I expressly authorize and empower my said trustees or trustee for the time being to sell and dispose of all my said copyhold hereditaments and estate accordingly, and to bargain and sell or otherwise assure the same respectively to the purchaser or purchasers thereof .
And I direct my trustees or trustee after and subject to the payment of the costs and expenses of such sales and conversion and all other expenses of and incidental to the execution of the trusts and powers hereof to invest the net residue of the proceeds to arise from such sale and conversion and out of the income thereof to pay to my said wife during her life, if she shall so long contain my widow, an annuity or yearly sum of ninety three pounds by four equal quarterly payments on the four usual quarter days of the year without any deduction or abatement whatsoever, the first of such quarterly payments to be made on the first of such quarterly days as shall happen next after my decease, and subject to such annuity so long as the same shall continue payable, to hold all such investments and the income thereof upon trust for such of my children who being male shall attain the age of twenty one years or being female shall attain that age or marry, if more than one in equal shares absolutely. Provided always and I declare that notwithstanding the aforesaid trust, the share of capital of each child who may become entitled thereunder shall not be paid until he or she shall attain the age of twenty four years, but any trustees or trustee for the time being shall have full power either during the minority or afterwards whilst each such child shall be under the age of twenty four years, to raise and pay out of such share of capital any sum or sums not exceeding one half of the expectant or vested share of capital and to apply or dispose thereof in or towards the advancement or other benefit of each such child respectively, as my trustees or trustee may for the time being think best. Provided always and I expressly empower my trustees or trustee to postpone or delay the sale and conversion of all or any of my said freehold copyhold or residuary personal estate for such period as they or he may think fit.
And I declare that during the life and widowhood of my said wife no sale of any of my said freehold and copyhold estates shall be made without her consent and that in the meantime and until sale and conversion, the rents profits and income of any said freehold copyhold and residuary personal estates shall go and be paid and applied in like manner as the income would go and be payable, in case such sales and conversion had been made and the proceeds invested under the aforesaid trust. I declare that in addition to the investments authorized for trustees my trustees or trustee shall have full power to continue any investments of personal estate existing at my decease and also to invest all or any of the trust funds on real or leasehold securities or to lend or deposit the same to or in any Bank, with power to vary such investments or deposits at discretion.
And hereby revoking all other wills made by me I declare this alone to be my last will and Testament in witness whereof I have to this and the two preceding sheets of paper containing my said will set my hand this second day of April one thousand eight hundred and eighty three —– Bartholomew Wilson —– signed by the said Bartholomew Wilson the testator and by him declared to be his last will and Testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses —– Matthew Hobson, Field House, Ilkeston —- John Hopkinson*, Ilkeston, 18 Nottingham Road —-
*This is an error. The name should be John Hodgkinson, (the brother of Paul), who lived at 18 Nottingham Road at this time
On July 25th 1884 this Codicil was added.
This is a Codicil to the last will and Testament of me Bartholomew Wilson of Ilkeston in the County of Derby, gentleman, which will bears date the second day of April one thousand eight hundred and eighty three, whereas by my said will I have appointed Paul Hodgkinson of Ilkeston aforesaid miller and Charles Potts of Ilkeston aforesaid chemist to be the Executors and Trustees of my said will now, I declare that on my son James Beetham Wilson attaining the age of twenty one years I appoint him to be an additional Trustee and Executor of my said will.
And I direct that my said will shall from the time of his acceptance of the trusteeship and executorship take effect and be construed as to the property then remaining subject to the trusts thereof in the same manner as if my said son James Beetham Wilson had been originally named a trustee jointly with the said Paul Hodgkinson and Charles Potts. And I declare that until the said appointment of my son James Beetham Wilson shall take effect such appointment shall not fetter or prejudice the exercise of the trust’s powers or discretions hereby given to the said Paul Hodgkinson and Charles Potts or the survivor of them or other the trustees or trustee to be from time to time appointed in their or his stead and in all other respects I confirm my said will in witness whereof I have hereunto set my hand this twenty fifth day of July one thousand eight hundred and eighty four —- Bartholomew Wilson —- signed and declared by the said Bartholomew Wilson the Testator as and for a codicil to his last Will and Testament in the presence of us who being both present at the same time have at his request, in his presence and in the presence of each other hereunto subscribed our names as witnesses —– John B. Slack, Solicitor, Ilkeston —- William Smith his clerk ——
Proved at Derby with a codicil the eighth day of October 1884 by the oath of Paul Hodgkinson and Charles Potts the Executors named in the will to whom administration was granted; Power reserved to James Beetham Wilson the son (now a minor) the Executor named in the said codicil when he shall have attained the age of 21 years.
The Testator Bartholomew Wilson was late of Nottingham Road, Ilkeston in the County of Derby, gentleman and died on the fourth day of August 1884 at Nottingham Road, Ilkeston aforesaid.
Gross value of Personal Estate £4472-19s-6d
Extracted by J & A Bright, Solicitors, Nottingham.
On the 16th day of September 1895 Double Probate of this will with one codicil was granted at Derby to James Beetham Wilson the other Executor, he having attained the age of twenty one years.
[James Beetham Wilson was the oldest son of Bartholomew and Rebecca Anne and was born in 1868 … he therefore attained the age of 21 in 1889]
Let’s ‘examine’ the three sons.