SUMMARY

A total of 19 messuages (dwellings) in Stourbridge, Worcestershire, many of which were built by Francis Scott, were left to his wife Mary, his children Francis, Elizabeth, Sarah and Mary, and his niece Anne Maria Scott. They were at Church Street, King Street (Wollaston), Long Lands (probably including a beer house now known as Longlands Tavern), Hill Street, Bowling Green Lane and Talbot Street. At that time, houses were not numbered but distinguished by the names of their occupants.

Will dated 7 Aug 1862

Died 19 Aug 1863

Will Proved 28 Oct 1863

This is the last will and testament of me Francis Scott of Stourbridge in the county of Worcester builder. First I will and direct that all my just debts funeral and testamentary expenses be fully paid and discharged. I give devise and bequeath unto my dear wife Mary Scott all my real and personal estate and effects whatsoever and wheresoever being and of what nature or kind soever the same may be to hold the same to my said wife and her assigns for during the term of her natural life if she shall so long continue my widow and unmarried and from and immediately after her decease or second marriage whichever shall first happen. I give devise and bequeath the same in manner following (that is to say) I give and bequeath to my son Francis Scott my stock in and implements of trade. Also I give and devise to my said son Francis Scott all those my two messuages or tenements gardens and premises devised to me by my late father situate and being in Church Street (formerly called Windmill Street) in Stourbridge aforesaid now in the occupations of my said son and Benjamin Biddle And also the garden now in my occupation at the back thereof. And also all that plot of land with the summer house erected thereon conveyed to me by the Stourbridge Land Society situate and being near to a piece of land called Swan Pool Meadow in the township of Stourbridge aforesaid and now in my own occupation. Also all that messuage or tenament garden and premises now in the occupation of Thomas Perks and adjoining the messuages and premises of my said son situate and being at the Long Lands in the township of Stourbridge aforesaid together with the joint use of pumps of hard and soft water at the back thereof in common with the tenant of the ajoining house And also all those four messuages of tenaments outbuildings and gardens in the occupations of Thomas Hooper, Charles Silvers, William Richards and one void situate and being in King Street Withy Bank in the Hamlet of Wollaston in the Parish of Oldswinford in the County of Worcester subject nevertheless to the payment of the sum of two hundred pounds secured on mortgage of the said last mentioned four messuages and premises to hold the same unto my said son Francis Scott subject as aforesaid and his assigns for his life and from and after his decease I give and devise the same unto his wife Elizabeth Scott and her assigns for her life. And after the decease of the survivor of them my said son and Elizabeth his wife I give and devise the said messuages and hereditaments subject as aforesaid unto my nephew Charles Scott the younger (son of my brother Charles Scott) and Philip Payne of Bewdley in the said county of Worcester maltster. To hold the same unto the said Charles Scott the younger and Philip Payne their heirs executors administrators and assigns upon trust to sell and dispose of the said messuages and hereditaments either by public auction or private contact with power to insert any special or other stipulations in any contract or conditions of sale as to title or otherwise as they or he may think proper. And I declare that my said trustees or trustee do and shall invest the monies to arise by such sale in any of the Parliamentary stocks or public funds of Great Britain or on real security and do and shall vary the investments from time to time for any other investments of the same or the like nature and do and shall pay the said trust monies stocks funds and securities unto all and every the children or child of my said son Francis Scott when they shall respectively attain the age of twenty one years to be divided between or amongst them (if more than one) in equal shares. And if there shall be but one such child the whole to be in trust for such only child. And I declare that after the decease of the survivor of them my said son and Elizabeth his wife and in the meantime and until the portion or respective portions so provided for such child or children as aforesaid shall become payable. The said Trustees or trustee for the time being may apply the annual produce of the portion or respective portions to which such child or children shall be entitled in expectancy or a complement part thereof for or towards his her or their maintenance and education. And in case my said son Francis Scott shall happen to die without leaving any child or children or if leaving such all and every of them shall happen to die under the age of twenty one years without leaving lawful issue then upon trust to pay assign or transfer the said trust monies and the interest dividends increase and produce thereof unto amongst my daughters Elizabeth Knibb, Sarah Scott and Mary Clark share and share alike as tenants in common. I give and devise unto my said daughter Elizabeth Knibb all that messuage or tenement now used as a public house and in the occupation of Sarah Bryant with the outbuildings garden and appurtenances thereto belonging situate and being at the Long Lands in the township of Stourbridge aforesaid. Also all those three messuages or tenaments gardens and premises adjoining to the last mentioned messuage now or late in the several occupations of Thomas Swingwood, Joseph Rowcliffe and William Jones situate and being at the Long Lands aforesaid subject nevertheless to the payment of the mortgage debt or sum of money now secured thereon. And also all that messuage or tenament garden and premises situate and being at the Long Lands aforesaid now in the occupation of Joseph Adams and adjoining the last mentioned messuages and premises together with the joint use of the pumps of hard and soft water at the back thereof in common with the tenant of the ajoining messuage. To hold the same to my said daughter Elizabeth Knibb and her assigns for her life (subject as aforesaid). And from and after her decease I give and devise the same (subject as aforesaid) unto her husband James Knibb and his assigns for his life and from and after the decease of the survivor of them the said Elizabeth Knibb and James Knibb I give and devise the said last mentioned messuages and hereditaments subject as aforesaid unto the said Charles Scott the younger and Philip Payne their heirs executors administrators and assigns upon trust to sell and dispose of the said last mentioned premises either by public auction or private contract with power to insert any special or other stipulations in any contract or conditions of sale as to title or otherwise as they or he may think proper. And I declare that my said trustees or trustee do and shall invest the said last mentioned monies to arise by such sale in any of the parlimentary stocks or public funds of Great Britian or on real security and do and shall vary the investments from time to time for any other investments of the same or a like nature and do and shall pay the said trust monies stocks funds and securities unto all and every the children and child of my said daughter Elizabeth Knibb by her present or any future husband when they shall respectively attain the age of twenty one years old to be divided between or amongst them (if more than one) in equal shares. And if there shall be but one such child the whole to be in trust for such only child. And I declare that after the decease of the survivor of them my said daughter Elizabeth Knibb and her said husband James Knibb and in the meantime and until the portion or respective portions so provided for such child or children as aforesaid shall become payable. The said trustees or trustee for the time being may apply the annual produce of the portion or respective portions to which such child or children shall be entitled in expectancy or a competent part thereof for or towards his her or their maintenance and education. And in case my said daughter Elizabeth Knibb shall happen to die without leaving any child or children or if leaving such all and every of them shall happen to die under the age of twenty one years without leaving lawful issue then upon trust to pay assign or transfer the said last mentioned trust monies unto my said son Francis Scott and my said daughters Sarah Scott and Mary Clark in equal shares as tenants in common. I give and bequeath to my said daughter Sarah Scott all my household goods and furniture plate linen and china book debts monies and security for money. And also all other my personal estate not hereinbefore disposed of after payment of my just debts funeral and testamentary expenses to and for her own use and benefit. Also I give and devise to my said daughter Sarah Scott all that messuage or tenament outbuildings garden and premises now in my own occupation situate and being in Church Street (formerly called Windmill Street) in Stourbridge aforesaid and also that messuage or Tenament Garden and premises now in the occupation of Mary Ketley situate and being in Hill Street in Stourbridge aforesaid together with the joint use of pumps of hard and soft water at the back thereof in common with the tenant of the adjoining house. To hold the same unto my said daughter Sarah Scott and her assigns for her life and from and after the deceace I give and devise the said last mentioned messuages and hereditaments unto the said Charles Scott the younger and Phillip Payne their heirs executors administrators and assigns upon trust to sell and dispose of the same either by public auction or private contract with power to insert any special or other stipulations in any contract or conditions of sale as to title or otherwise as they or he may think proper. And I declare that my said trustees or trustee do and shall invest the monies to arise by such last mentioned sale in any of the parliamentary stocks or public funds of Great Britain or on real security and do and shall vary the investments from time to time for any other investments of the same or a like nature and do and shall pay the said trust monies stocks funds and securities unto all and every the children or child of my said daughter Sarah Scott when they shall respectively attain the age of twenty one years to be divided between or amongst them (if more than one) in equal shares and if there shall be but one such child the whole to be in trust for such only child. And I declare that after the decease of my said daughter Sarah Scott and in the meantime and until the portion or respective portions so provided for such child or children as aforesaid shall become payable the said trustees of trustee for the time being may apply the annual proceeds of the portion or respective portions to which such child or children shall be entitled in expectancy or a competent part thereof for or towards his her or their maintenance or education and in case my said daughter Sarah Scott shall happen to die whithout leaving any child or children or if leaving such all and every of them shall happen to die under the age of twenty one years whithout leaving lawful issue then upon trust to pay assign or transfer the said last mentioned trust monies and the interest dividends increase and produce thereof unto my said son Francis Scott and my said daughters Elizabeth Knibb and Mary Clarke in equal shares and proportions as tenants in common. I give and devise to my said daughter Mary Clark all that messuage or tenament garden and premises now in the occupation of the said James Knibb situate and being in Hill Street in Stourbridge aforesaid together with the joint use of the pumps of hard and soft water in common with the tenant of the adjoining house. Also all that plot of land purchased by me of James Kay being part of the lands of the Stourbridge Land Society situate near the Long Lands in the township of Stourbridge aforesaid. And also all those two messuages or tenaments and outbuildings now being erected by me thereon. And also all that plot of land purchased by me of Miss Collis now in the occupation of George Waterson situate and being in the Bowling Green Lane in the township of Stourbridge aforesaid to hold the same unto my said daughter Mary Clark and her assigns for her life from and after her decease. I give and devise the same unto her husband Joseph Clark and his assigns for his life and from and after the decease of the survivor of the survivor of them the said Mary Clark and Joseph Clark. I give and devise the said last mentioned messuages or tenaments land and hereditaments unto the said Charles Scott the younger and Philip Payne to hold the same unto the said Charles Scott the younger and Philip Payne their heirs executors administrators and assigns upon trust to sell and dispose of the said last mentioned premises either by public auction or private contact with power to insert any special or other stipulations in any contact or conditions of sale as to title or otherwise as they or he may think proper. And I declare that my said trustees or trustee do and shall invest the said monies to arise by such last sale in any of the parliamentary stocks or public funds of Great Britain or on real security and do and shall vary the investments from time to time for any other investments of the same or a like nature and do and shall pay the said last mentioned trust monies stocks funds and securities unto all and every the children or child of my said daughter Mary Clark when they shall respectively attain the age of twenty one years to be devided between or amongst them (if more than one) in equal shares. And if there shall be but one such child the whole to be in trust for such only child. And I declare that after the decease of the survivor of them the said Mary Clark and Joseph Clark and in the meantime and until the portion or respective portions so provided for such child or children as aforesaid shall become payable the said trustees or trustee for the time being may apply the annual produce of the portion or respective portions to which such child or children shall be entitled in expectancy or a competent part thereof for or towards his her or their maintenance and education. And in case my said daughter Mary Clark shall happen to die whithout leaving any child or children or if leaving such all and every of them shall happen to die under the age of twenty one years without leaving lawful issue then upon trust to pay assign or transfer the said last mentioned trust monies and the interest dividends increase and produce thereof unto my said son Francis Scott and my daughters Elizabeth Knibb and Sarah Scott in equal shares and proportions as tenants in common. I give and devise to my niece Anne Maria Scott daughter of my said brother Charles Scott all that my one undivided moiety or equal half part or share of and in all those five messuages or tenements outbuildings gardens and premisis now in the occupations of William Harper, John Fletcher, William Allen and two void situate and being in Talbot Street in Stourbridge aforesaid. To hold the same unto my said niece Anne Maria Scott her heirs and assigns for ever subject nevertheless to the payment of one half part or share of the mortgage debt or sum of money now secured on the entirety of the said last mentioned messuages and premises. I devise to my said trustees all real estates (if any) which shall at by decease be vested in me as trustee or mortgagee subject to the equities affecting the same respectively. I declare that the receipts of my said trustees or trustee for the time being shall be good discharges for all monies which in such receipts shall be expressed to be received and that all persons paying any monies to my said trustees or trustee for the purposes of this my Will and taking receipts from them or him accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof. I declare that as often as any of the trustees hereby appointed or any trustee to be appointed under this power shall die or go to reside beyond the seas or desire to be discharged from or refuse or decline or become incapable or unfit to act in the trusts hereby in them respectively reposed before the same shal be fully executed then and in such case it shall be lawful for the acting trustee or trustees for the time being of this my Will or the Executors or Administrators of the last acting trustee to appoint a new trustee or trustees in the place or stead of such trustee so dying refusing or becoming incapable to act as aforesaidand thereupon the said hereditaments trust estate and premises shall be conveyed and assured so that the same may vest in such new trstee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his her or their heirs executors or assigns to the uses upon the trusts and for the ends intents and purposes hereinbefore declared and that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a Trustee by this my will and that none of the Trustees appointed or to be appointed as aforesaid shall be answerable for the other of them nor for involuntary losses nor for money received under receipts in which they shall join only for conformity and that the present and every Trustee shall and may reimburse themselves and each other out of the said Trust Premises or out of any monies that may come into their hands by virtue of this my will All costs and expenses to be incurred by them in the excution of the Trusts aforesaid or anywise in relation thereto I appoint the said Charles Scott the younger and Philip Payne Executors of this my Will. And I hereby revoke all other wills by me at any time heretofore made and declare this to be my last Will and Testament. In witness whereof I have hereunto set my hand this seventh day of August one thousand eight hundred and sixty two - F Scott - signed by the said Francis Scott the Testator as and for his last Will and Testament in the presence of us, present at the same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses- William Henry Scott Stourbridge merchants Clerk - Mary Walker late housekeeper to Mr H K Harrison deceased.

On the twenty eighth day of October 1863 the Will of Francis Scott late of Stourbridge in the County of Worcester Builder deceased was proved by the oaths of Charles Scott the younger, nephew of the said deceased and son of the said deceased's brother Charles Scott, and Philip Payne the Executors named in the said Will they having been first duly sworn to administer.

Effects under £200

Transcribed by Chris Scott, January 1997

Updated: 17 Nov 2001