Will dated 16 Feb 1839
with Codicil dated 22 Jan 1842
Died 4 Dec 1842
Probate granted 23 Feb 1843 at Prerogative Court of Canterbury at London (will with codicil)
Court Copy; PRO Reference: PROB11/1975 folio 305 to 310
Death Duty Register: IR26/1656 folio 106

I George Scott of Stourbridge in the County of Worcester Gentleman do hereby revoke all wills and other testamentary dispositions by me at any time heretofore made and do declare this to be my last will and testament. I hereby nominate constitute and appoint William Morgan Crompton of Stourbridge aforesaid Gentleman and Henry Eberhardt of Stourbridge aforesaid my Executors and Trustees to carry into effect the several trusts of this my will. I give and bequeath unto my dear wife Mary Scott for her own absolute use all my household goods and furniture and utensils of household linen china glass and cooking apparel. I give devise and appoint unto my said trustees and their heirs all those my five new created messuages or tenements with the Brewhouses outbuildings yards gardens and appurtenances thereto belonging situate in Catherwell field in Stourbridge aforesaid created by me upon two plots of land purchased of the Devises in trust of Mr Wilkes and which are now in the respective occupations of Thomas Etheridge, George Barnsby, Joseph Hill, Richard Whitehouse and William Raybole. To the uses the trusts and with and under the various provisions and declarations hereinafter expressed and declared remaining the same (that is to say) to the use of my said trustees their executors administrations and assigns during the life of my said wife Mary Scott upon trust that the said trustees and the survivor of them and their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said wife to and for her sole use and benefit independently and exclusively of any future husband or any other person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of my said wife only notwithstanding any future coverture be good and effectual discharges for the same And from and immediately after the decease To the uses and in manner following that is to say as to four of the said messuages or tenements buildings gardens and appurtenances now in the occupations of the said Thomas Etheridge George Barnsby Joseph Hill and Richard Whitehouse. To such uses upon and for such trusts intents and purposes and with under and subject to such powers provisions and declarations as my said wife by the last will and testament in writing or any codicil or codicils thereto to be by her loyally signed and attested shall limit or appoint and in default of any sure limitations or apportionment and so far as any sure if incomplete shall not extend to the use of all and every my children and their heirs equally share and share alike as tenants in common and not as joint tenants And as to the other messuage or tenement garden and the appurtenances now occupied therewith in the occupation of the said William Raybole and being the last messuage garden and premises at the south end of the said five messuages and premises To the use of my granddaughter Elizabeth Jones (who now lives with me) and her heirs for ever. And in case my said granddaughter shall depart this life under the age of twenty one years without leaving lawful issue her surviving that I devise the same messuage and premises with the appurtenances To the uses upon the trust and with and under the powers and provisions hereinbefore declared in respect of the four adjoining houses above devised or such of them as shall be then subsisting or capable of taking effect I give devise and appoint unto my son John Scott All those two created messuages or dwellinghouses adjoining together with the outbuildings gardens and appurtenances to the same belonging or therewith occupied {and the shop now existing above} together with a right of passage for all purposes from the back part of the messuage hereinafter mentioned to be occupied by Thomas Davis to and from the Turnpike Road as now enjoyed therewith which said premises are situate in Stourbridge aforesaid and form the upper or south end of the row of houses created by me on land I purchased some years ago of Mr John White and front the Turnpike Road leading from Stourbridge to Kidderminster one of which said dwellinghouses is now in my own possession and the other in the occupation of the said Thomas Davis To hold the same unto my said son John Scott his heirs and assigns for ever provided nevertheless and it is my will that my wife shall reside in the messuage and premises now in my own possession for twelve calendar months after my decease my Executors paying to my said son John the sum of twenty three pounds as and for the rent thereof Also I give devise and confirm unto my son Charles Scott All those six messuages tenements or dwelling-houses with the appurtenances thereunto belonging situate and being in Stourbridge aforesaid and fronting to a certain street or same called Back Lane leading out of Pig Street to or towards the Lye Waste and which said messuages and premises were purchased with my money but conveyed in the name of my said son Charles Scott as a trustee for me to hold the same unto my said son Charles Scott his heirs and assigns for ever Also I give devise and appoint unto my son Benjamin Scott All those four messuages or dwellinghouses adjoining together with the gardens outbuildings and appurtenances thereunto belonging or therewith occupied situate in Stourbridge aforesaid and forming the lower or North part of the row of houses created by me on the land purchased of Mr John White as before mentioned and fronting the road leading from Stourbridge to or towards Kidderminster and are now in the respective occupations of --- Jones, Joseph Sturm--, --- Reese and John Peasey Together with the use of the entry or passage adjoining thereto jointly with my sons who under this my will become entitled to the other messuages adjoining thereto To hold the same unto my son Benjamin Scott his heirs and assigns for ever Also I give devise and appoint unto my son Francis Scott All that messuage or tenement with the buildings garden **** half the Manure hole (?) adjoining the stable and apportioning the same belonging formerly in my own possession but now occupied by Samuel Scott situate and being at Windmill Hill in Stourbridge aforesaid And also all that building or creation now or lately used as a Cowhouse now in the occupation of my said son Francis Scott and built upon part of the garden formerly in my possession To hold the same respectively unto my said son Francis Scott his heirs and assigns for ever Also I give devise and appoint unto my son Richard Scott All those three messuages or dwellinghouses adjoining together with the gardens outbuildings and appurtenances thereunto respectively belonging or therewith occupied situate in Stourbridge aforesaid and forming the remainder or middle part of the said row of houses created by me on the land purchased of Mr White as before mentioned and which said three messuages also front the said road to or towards Kidderminster and adjoin to and lie between the messuages and premises devised to my said sons John and Benjamin respectively and are now in the respective occupations of William Sedgley, William Hodgetts and my said son John Scott Together with the use of the entry or passage adjoining thereto jointly with my said sons John and Benjamin who under this my will become entitled to the adjoining messuages and premises And also that one other newly created messuage tenement or dwelling house with the garden and appurtenances to the same belonging situate at Windmill Hill in Stourbridge aforesaid and now in the occupation of George Stokes and forming one of the new houses very recently created by me To hold the same respectively unto my said son Richard Scott his heirs and assigns for ever I also devise all those four new created messuages or tenements adjoining together with the Brewhouses outbuildings yard gardens and appurtenances thereto belonging situate at and fronting to Windmill Hill aforesaid and now or late in the respective occupations of Thomas White Size Eliza Cooksay Daniel Young and James Webb. And also all those two other messuages or tenements adjoining together with the buildings gardens and appurtenances to the same belonging or therewith enjoyed situate at Windmill Hill aforesaid and now in the respective occupations of Joseph Beddoes and Thomas Lello And also all that building or creation adjoining the back part of the said messuage in the occupation of the said Thomas Lello the lower part whereof is used or known as the Summerhouse and now occupied by my said son Francis Scott and the upper part is used by Daniel Young as a Carpenters Shop unto my said trustees and their heirs to the uses upon the trusts and with and under the powers provisions and declarations hereinafter expressed and declared remaining the same (that is to say) To the use of my said trustees their executors administrators and assigns during the life of my son James Scott upon trust that the said trustees and the survivor of them and their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said son for his own use and benefit exclusively of any person or persons whomsoever and immediately after his decease To the use of my said trustees their executors administrators and assigns during the life of the wife of my said son James Scott who shall survive him upon trust that the said trustees and the survivor of them and their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof in the proper hands of the wife of the said James Scott (who shall survive him) for their own use and benefit exclusive of any future husband or any other person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of such wife of the said James Scott only notwithstanding any future coverture be effectual discharges for the same and immediately after the decease of such wife of my said son James Scott as shall so survive him To the use of my said trustees and their heirs upon trust that they my said trustees or the survivor of them or the heirs of such survivor or other my trustee for the time being so and shall as soon as conveniently may be after the decease of the survivor of them my said son and his wife sell and dispose of the said last mentioned messuages tenements hereditaments and premises either together or in parcels and either by public auction or private contract and shall and so make and execute such conveyances and assurances of the hereditaments which shall be sold as aforesaid as shall be requisite for carrying into effect such sales and dispositions respectively And I direct and declare that the said trustees and trustee for the time being shall and so out of the monies to arise from and be produced by such sale in the first place retain and pay the costs and expenses of and attending such sale or sales and shall and so pay out and invest the surplus of the monies to arise by such sale or sales as aforesaid in the names or name of the said trustees or trustee in some or one of the public stocks or funds or other governmental securities of Great Britain or upon real securities in England and shall and do stand possessed of and interested in all and singular the said stocks funds or securities. Upon and for the trusts intents and purposes hereinafter declared remaining the same (that is to say) upon trust to pay and equally divide the said last mentioned trust monies unto the child or children of my said son James Scott lawfully begotten or to be begotten as shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry and if more than one to be equally divided between or among such children share and share alike the annual income arising from the expectant or presumed share of any and every child who at the decease of my said son James Scott or such his wife as aforesaid (as the case may be) shall not have acquired a vested interest therein to be applied in such manner as the said trustees shall think proper for the maintenance of such child and if there be no child of my said son who shall live to acquire a vested interest in the said last mentioned trust monies In trust for my children John, Benjamin, Richard, Susannah, Sarah, Ann and Mary Ann their executors administrators and assigns equally share and share alike to whom in such case I give and bequeath the same accordingly I give and bequeath unto my said son James Scott all those two leasehold messuages with the appurtenances thereto belonging situate in Coventry Street in Stourbridge aforesaid which I hold in the trustees of Glovers Charity To hold the same unto my said son James Scott his executors administrators and assigns absolutely for the residue of the --- which I now have therein subject to the rent and other outgoings payable in respect thereof And I also give to my said son James Scott absolutely all that seat or pew being No.58 in the middle Aisle of Oldswinford Church and which I purchased of the Devises of Benjamin Thompson I give devise and appoint all those four new created messuages tenements or dwellinghouses adjoining together with the buildings gardens appurtenances to the same respectively belonging or therewith occupied situate at Windmill Hill in Stourbridge and adjoining the messuage and premises before mentioned to be in the occupation of George Stokes and forming another part of the row houses very recently created by me and now in the respective occupations of William Haynes, Mrs Fryer, William Woodhouse, and Benjamin Biddle unto my said trustees and their heirs To the uses upon the trusts with and under the powers provisions and declarations hereinafter declared concerning the same (that is to say) To the use of my said trustees their executors administrators and assigns during the life of my daughter Susannah Stokes (the wife of John Stokes) upon trust that the said trustees and the survivor of their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said daughter Susannah Stokes for her own sole use and benefit independently and exclusively of her present or any future husband or of any person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of my said daughter Susannah Stokes only notwithstanding any coverture be good and effectual discharges for the same and immediately after her decease To the use of my said trustees and their heirs upon trust that they my said trustees or the survivor of them or the heirs of such survivor or other my trustee for the time being do and shall as soon as conveniently may be after the decease of my said daughter Susannah Stokes sell and absolutely dispose of the said last mentioned messuages hereditaments and premises either together or in parcels and either by public auction or private contract and shall and so make and execute such conveyances and assurances of the hereditaments which shall be sold as be requisite for carrying into effect such sales and dispositions respectively And I direct and declare that the said trustees and trustee for the time being shall and do out of the monies arising from and be produced by such sale in the first place retain and pay the costs and expenses of and attending such sale or sales and shall and so lay out and invest the surplus of the monies to arise by such sale or sales as aforesaid in the names or name of the said trustees or trustee in some or one of the public stocks or funds or other governmental securities of Great Britain or upon real securities in England and shall and do stand possessed of and interested in all and singular the said stocks funds or securities. Upon and for the trusts intents and purposes hereinafter declared of and remaining the same (that is to say) upon trust to pay and equally divide the said last mentioned trust monies unto the child or children of my said daughter Susannah Stokes lawfully begotten or to be begotten as shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry and if more than one to be equally divided between or among such children share and share alike the annual income arising from the expectant or presumed share of any and every child who at the decease of my said daughter Susannah Stokes shall not have acquired a vested interest therein to be applied in such manner as the said trustees shall think proper for the maintenance of such child and if there shall be no child of my said daughter who shall live to acquire a vested interest in the said last mentioned trust monies In trust for my children John, Benjamin, Richard, James, Sarah, Ann and Mary Ann their executors administrators and assigns equally share and share alike to whom in such case I give and bequeath the same accordingly Also I give devise and appoint all that messuage or tenement and premises with the appurtenances now in the possession of Thomas Brookes and being in Windmill Street in Stourbridge aforesaid and near to the King and Cobbler And also all that other messuage or tenement with the appurtenances adjoining the said last mentioned messuage fronting to Windmill Street aforesaid now in the occupation of Joseph Pagett And also all that other messuage or tenement and premises to the same belonging now in the occupation of Thomas Showell situate and being in the yard hereinafter mentioned And also all that other messuage or dwellinghouse with the premises thereto belonging also situate in the same yard and next adjoining the messuage in the occupation of the said Thomas Showell and now in the occupation of Joseph Owls And also all that other messuage or tenement also situate in the same yard formerly in the occupation of John Worton but now void Together with the building used as a Nailshop (adjoining the messuage occupied by the said Thomas Showell) now in the occupation of Joseph Owls And also all that other messuage or tenement and premises (adjoining a piece of land belonging to Thomas Bate Esquire) and now or late in the occupation of John Taylor also situate in the same yard and which said yard is situate at the back of messuages and premises heretofore mentioned to be occupied by Joseph Pagett and Thomas Brookes And also all that other messuage tenement or dwellinghouse with the garden and appurtenances to the same belonging and situate at and fronting Windmill Hill aforesaid and now in the occupation of --- Come unto my said trustees and their heirs to the uses upon the trusts and with and under the powers provisions and declarations hereinafter declared remaining the same (that is to say) To the use of my said trustees their executors administrators and assigns during the life of my daughter Sarah Pagett (the wife of Joseph Pagett) upon trust that the said trustees and the survivor of their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said daughter Sarah Pagett for her own sole use and benefit independently and exclusively of her present or any future husband or of any person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of my said daughter Sarah Pagett only notwithstanding any coverture be good and effectual discharges for the same and immediately after her decease To the use of my said trustees and their heirs upon trust and the same trusts and powers of sale and reversion and investment and to and for such and the same such intents and purposes are subject to such and the same powers and provisions to or in favour or for the benefit of the child or children of my said daughter Sarah Pagett as are hereinbefore expressed concerning the messuages and premises hereinbefore devised to my said trustees and of the monies arising by the sale thereof bequeathed to or for the benefit of the child or children of my said daughter Susannah Stokes And if there shall be no child of my said daughter Sarah Pagett who shall live to acquire a vested interest in the said last mentioned trust monies Upon trust for my children John, Benjamin, Richard, James, Susannah, Ann and Mary Ann their executors administrators and assigns equally share and share alike to whom in such case I give and bequeath the same accordingly. Also I give devise and appoint all those five messuages or tenements adjoining together with the garden and appurtenances to the same belonging (and adjoining at one end) the messuage in which I recently resided but which is now in the occupation of Samuel Scott and at the other end to the Windmill Garden situate and being in and fronting Windmill Hill aforesaid and now in the occupations of Isaac Whitehouse Cartwright my daughter Mary Ann Lello my said son Francis Scott and Edward *ennett And also that building formerly used as a stable but now occupied by Thomas Lello as a Summerhouse together with one half of the Manure Hole (?) adjoining thereto unto my said trustees and their heirs To the uses upon the trusts and with and under the powers provisions and declarations hereinafter declared concerning the same (that is to say) [deleted] [deletion signed by testator] To the use of my said trustees their executors administrators and assigns during the life of my daughter Ann the wife of Thomas Jones upon trust that the said trustees and the survivor of them and their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said daughter Ann Jones for her sole use and benefit independently and exclusively of her present or any future husband or of any person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of my said daughter Ann Jones only notwithstanding any coverture be good and effectual discharges for the same and immediately after her decease To the use of my said trustees and their heirs upon such and the same trusts and powers of sale and investment and to and for such and the same --- intents and purposes are subject to such and the same powers and provisions to or in favour or for the benefit of the child or children of my said daughter Ann Jones as are hereinbefore expressed concerning the messuages and premises hereinbefore devised to my said trustees and of the monies arising by the sale thereof bequeathed to or for the benefit of the child or children of my said daughter Susannah Stokes And if there shall be no child of my said daughter Ann Jones who shall live to acquire a vested interest in the said last mentioned trust monies Upon trust for my children John, Benjamin, Richard, James, Susannah, Sarah, and Mary Ann their executors administrators and assigns equally share and share alike to whom in such case I give and bequeath the same accordingly. Also I give devise and appoint all those four new created messuages or tenements adjoining together with the gardens and appurtenances to the same belonging situate and being in Windmill Hill aforesaid (and forming the remainder of the above mentioned row of houses recently created *** and now in the several occupations of Joseph Sail, George Doody Joseph Fleming and John Fisher And all that building lying near the said messuage in the occupation of John Fisher and now used by my son Francis Scott as a bathouse (?) all which said messuages and buildings adjoin the messuages before devised for the benefit of my said daughter Susannah Stokes unto my said trustees and their heirs To the uses upon the trusts and with and under the powers provisions and declarations hereinafter declared concerning the same (that is to say) To the use of my said trustees their executors administrators and assigns during the life of my daughter Mary Ann Lello upon trust that the said trustees and the survivor of them and their or his executors administrators and assigns (as the case may be) do and shall pay the yearly costs issues and profits thereof into the proper hands of my said daughter Mary Ann Lello for her sole use and benefit independently and exclusively of her present or any future husband or of any person or persons whomsoever and so that she shall not be able to deprive herself of the benefit thereof by way of anticipation and so that the receipts of my said daughter Mary Ann Lello only notwithstanding any reverture be good and effectual discharges for the same And immediately after her decease To the use of my said trustees and their heirs upon such and the same trusts and powers of sale and investment and to and for such and the same *** intents and purposes are subject to such and the same powers and provisions to or in favour or for the benefit of the child or children of my said daughter Mary Ann Lello as are hereinbefore expressed concerning the messuages and premises hereinbefore devised to my said trustees and of the monies arising by the sale thereof bequeathed to or for the benefit of the child or children of my said daughter Susannah Stokes And if there shall be no child of my said daughter Mary Ann Lello who shall live to acquire a vested interest in the said last mentioned trust monies Upon trust for my children John, Benjamin, Richard, James, Susannah, Sarah and Ann their executors administrators and assigns equally share and share alike to whom in such case I give and bequeath the same accordingly. I give devise and appoint unto my said granddaughter Elizabeth Jones All that messuage or tenement with the buildings garden and appurtenances to the same belonging situate and fronting to Windmill Hill aforesaid and now in the occupation of --- Addeley To hold unto my said granddaughter Elizabeth Jones her heirs and assigns for ever And in case my granddaughter shall depart this life under the age of twenty one years without leaving lawful issue her surviving then I devise and appoint the same messuage and premises unto my children John, Benjamin, Richard, James, Susannah, Sarah, Ann and Mary Ann and their heirs equally share and share alike as tenants in common And as to all the residue of my real estate of every description whatever and to which I am or shall at the time of my decease be seized or possessed for any estate whatsoever I give and devise the same unto my sons and daughters following (that is to say) John, Benjamin, Richard, James, Susannah, Sarah, Ann and Mary Ann To hold to them their heirs and assigns for ever equally share and share alike as tenants in common and not as joint tenants. And as to all the rest and Residue of my personal estate and effects of what nature or kind soever (and not hereinbefore bequeathed) and to which I shall or may be possessed of or entitled to at the time of my decease I bequeath the same unto the said William Morgan Crompton and Harry Eberhardt their executors administrators and assigns upon trust that they my said trustees or the survivor of them their or his executors administrators or assigns (as the case may be do and shall at such time or times and in such manner as they or he shall in their or his direction think most beneficial and as occasion may require sell dispose of call in and convert into money all the said residuary personal estate and effects (except such part thereof as shall consist of ready money) and to make and execute all such acts and assurances as may be necessary for effecting such sales and conversion and to apply all the monies which shall come to the hands of my said trustees or trustee for the time being by virtue of the aforesaid residuary bequest and the trusts relative thereto as follows namely upon trust with and out of the same to pay all my just debts and testamentary expenses and subject thereto upon trust to pay the sum of five pounds to my sister Sarah Haden as a gratuity and remembrance And also to pay my said son John Scott the aforesaid sum of twenty three pounds for the rent of the house in which I now reside for the year following my decease and do and shall pay the residue of the said trust unto and equally between and among my said wife Mary Scott and my sons and daughters following (that is to say) John, Benjamin, Richard, James, Susannah, Sarah, Ann and Mary Ann or such of them as shall be living at the time of my decease and the issue of such of them my said children as shall be then dead (such issue taking equally between themselves the share only their deceased parent would have been entitled to if living) share and share alike as tenants in common and not as joint tenants And I hereby empower my said trustees to **** and retain any rent due at my decease from any of my said children out of their share lastly bequeathed provided always and I hereby empower my said trustees to defer any of the sales hereinbefore authorized to be made of certain parts of my real estate so long as they shall deem it expedient to do so after such real estates respectively shall become saleable And I declare that in the mean time the rents and annual income arising therefrom respectively shall from the day or time such power or respective powers of sale shall **ist be paid and applied to and for the person and persons who would be entitled under the trusts hereinbefore respectively declared with respect to the hereditaments of which such power of sale shall so arise And I do hereby further declare that my said trustees or trustee for the time being exercising any of the powers of sale hereinbefore declared shall be at full liberty in their or his discretion to purchase in any part of my said *** or personal estate hereinbefore respectively devised and bequeathed which shall be offered for sale by auction And also to make and enter into any special stipulations respecting the evidence of title to be required by any purchaser of any parts thereof respectively And also rescind or vary any contract for sale that the said trustees or trustee may have entered into And I do hereby declare and direct that the receipt and receipts of my said trustees or the survivor of them or the heirs of such survivor or other my trustee for the tome being shall be a good sufficient and effectual discharge and good and effectual discharges to the purchaser or purchasers of any part of the hereditamants hereby directed to be sold as aforesaid for his her or their purchase money or as much thereof as shall be therein acknowledged or expressed to be received And that such purchaser or purchasers his her or their heirs executors or administrators or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase monies so paid or any part thereof respectively or be bound in any manner obliged to see to the application thereof or any part thereof or whether the same be or not paid or applied and disposed of upon and for the trusts intents and purposes hereinbefore expressed and declared or referred to of and concerning the hereditaments so sold as aforesaid And I do further empower my said trustees or trustee for the time being from time to time at their or his discretion to vary any part of the trust monies that shall be invested under the aforesaid trusts any or either of them and the stocks funds and securities in or upon which the same shall respectively be for the time being invested for or into other stocks funds and securities of a like nature upon the trusts hereinbefore declared in respect of the hereditaments from which such trust funds shall have proceeded I devise to the said William Morgan Crompton and Henry Eberhardt and their heirs All the estates vested in me as Mortgagee or trustee To hold the same unto and to the use of the said William Morgan Crompton and Henry Eberhardt and their heirs and assigns for ever or for all my estate and interest therein Subject nevertheless to the equities and trusts affecting the same respectively and which at the time of my decease shall be subsisting or capable of taking effect provided always And I do hereby declare my will and mind to be that if the said trustees hereby appointed or either of them or the trustees or trustee to be appointed as hereinafter is mentioned or their respective heirs executors or administrators or any of them shall depart this life or decline or become incapable to act in the trusts hereby reposed in them or him respectively then and so often as it shall so happen it shall and may be lawful for the surviving or continuing trustee of the trusts estates monies and premises the trustee whereof shall so depart this life or decline or become incapable to act as aforesaid or the executors or administrators of the last surviving or continuing trustee by writing under his or her hand or hands to appoint one or more person or persons to be a trustee or trustees in the room of the trustee so dying or declining or becoming incapable to act as aforesaid And that upon every such appointment the said trust estates monies and premises shall be conveyed and transferred so and in such manner 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 occasion shall require and every such new trustee shall have such and the same powers authorities and discretion to all intents and purposes whatsoever as if he had been originally nominated a trustee in this my will provided always and it is hereby declared that the said trustees hereby appointed or to be appointed by virtue of the proviso last hereinbefore contained and such and every of them and the heirs executors administrators and assigns of them and every of them shall be charged and chargeable respectively for such monies as they shall respectively actually receive by virtue of the trusts hereby respectively in them reposed notwithstanding his or their or any of their giving or signing any receipt or receipts for the sake of conformity and any one of the shall not be answerable or accountable for the other of them or for the acts receipts neglects or defaults of the other of them but each of them for his own acts receipts neglects or defaults respectively and that any one of them shall be not answerable or accountable for any Banker Broker or other person with whom or in whose hands any part of the said respective trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts hereinbefore respectively mentioned and that they or either of them shall not be answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds respectively in or upon which the said trust monies or any part thereof shall be respectively placed out or invested nor for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto unless the same shall happen through his or her own wilful default respectively And also that it shall and may be lawful to and for them the said trustees hereinbefore named and such future trustee or trustees to be appointed as aforesaid and every or any of them their and every of their heirs executors administrators and assigns by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also to allow to his and their co-trustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto and especially I hereby declare that any present or future trustee of this my will who is or are or shall be of the profession of an Attorney or Solicitor shall be entitled to make the same charges for business professionally rewarded for the trust estate as such trustee would have been entitled to make for such business if he had not been a trustee In witness whereof the said testator George Scott ha*** to this his last will and testament contained and written upon fifteen sheets of paper set his hand this sixteenth day of February in the year of our Lord one thousand eight hundred and thirty nine - The mark of + George Scott - The signature of the said testator George Scott was made by him in the presence of us who in his presence and at his request and in the presence of each other have hereunto attested and subscribed our names as witnesses - Edwin Dudley - Matthew A Fitter } Clerks to Messrs Roberts Crompton Solicitors Stourbridge -

This is a Codicil to the last will and Testament of me George Scott of Stourbridge in the County of Worcester Gentleman Whereas by my will bearing date on or about the sixteenth day of February one thousand eight hundred and thirty nine devised unto my son Benjamin Scott four messuages or dwellinghouses with the appurtenances situate in Stourbridge aforesaid and forming the North part of a Row of houses created by me on (and I purchased from Mr White together with the use of the passage adjoining thereto jointly with some of my other sons To hold to him my said son Benjamin Scott his heirs and assigns for ever and I appointed William Morgan Crompton and Henry Eberdardt both of Stourbridge aforesaid Gentlemen to be my Trustees of my said will And whereas my said son Benjamin has recently departed this life leaving a widow and eight children him surviving I therefore do hereby give devise and appoint unto my said trustees and their heirs all those the said four several messuages or dwellinghouses with the gardens outbuildings and appurtenances thereunto belonging or therewith enjoyed together with the use of the entry or passage adjoining thereto jointly with such my other sons as are referred to in my said will To hold the same unto my said trustees and their heirs To the uses upon the trusts and with and under the powers provisions and declarations hereinafter expressed and declared remaining the same (that is to say) To the use of my said trustees their executors administrators and assigns during the life of Ann Scott (the widow of my said late son) if she shall so long remain his widow and unmarried upon trust that the said trustees and the survivor of them his executors administrators or assigns do and shall pay the yearly costs issues and profits thereof into the proper hands of the said Ann Scott for the support maintenance and education of herself and the children of my said late son so long as she shall remain his widow and unmarried as aforesaid and immediately after the decease of the said Ann Scott or of her second remarriage whichever of such events shall first happen To these of my said trustees and their heirs upon trust that they or the heirs of such survivor or other my trustee for the time being do and shall as soon as conveniently may be sell and dispose of the said messuages hereditaments and premises either together or in parcels and either by public auction or by private contract as to them or him seem meet and shall and do make and execute such conveyances and assurances of the hereditaments which shall be sold as aforesaid as shall be requisite for carrying into effect such sales and disposition respectively And I direct that the said trustees and trustee for the time being shall and do out of the monies to arise from and be produced by such sale retain and pay the costs and expenses attending the same and shall and do lay out and invest the surplus of the monies to arise by such sale or sales as aforesaid in the names or name of the said trustees or trustee in some or one of the public stocks or funds or other Government securities of Great Britain or upon real securities in England and from time to time to vary and transpose such securities at their or his discretion and shall and so stand possessed of and interested in all and singular the said stocks funds or securities upon and for the trusts intents and purposes hereinafter declared concerning the same (that is to say) upon trust to pay and equally divide the said last mentioned trust monies unto my Grandchildren or Grandchild (being the children of my said late son) as shall being a son or sons attain the age of twenty one years or being a daughter or daughter or daughters attain that age or marry and if more than one to be equally divided between or among them share and share alike and I hereby direct the annual income arising from the expectant or presumed share of any and every Grandchild shall be applied for the maintenance and education of such Grandchild in such manner as my said trustees shall think proper so long as such Grandchild shall live and until the share of the said trust monies shall become vested and if neither of my said grandchildren shall live to acquire a vested interest in the said last mentioned trust monies In trust for my sons and daughters John, Richard, James, Susannah, Sarah, Ann and Mary Ann equally share and share alike provided always and I do hereby empower my said trustees to defer the sale hereby authorised to be made to such period as they shall deem pedicut(?) and in the mean time to apply the costs and profits thereof to and for the person and persons who would be entitled under the trusts aforesaid And I do declare that the receipts of my said trustees or the survivor of them or other my trustee for the time being shall be good and effectual discharges to the purchaser of the said hereditaments for the purchase money thereof and shall effectively discharge such purchaser from seeing to the application thereof and I do further declare that the several provisions contained in my said will with reference to the general purposes thereof shall apply to this my Codicils though the same provisions were here repeated so far as such provisions are applicable to the uses and trusts hereby created And I hereby declare my will and mind to be that the provisions I have made in my said will in favour of my sons John Francis and Charles are and shall be in full satisfaction of all claims (if any) which they or either of them may be considered to have upon me at my decease (unless my Executors in their uncontrolled discretion shall allow any of such claims) and in default thereof then I direct and devise the hereditaments and premises I have devised to any of such sons dissenting from this my direction to go over and join part of my residuary real estate and in all other respects I reconfirm my said will In witness whereof I have to this my Codicil contained on four sheets of paper set my hand this twenty second day of January one thousand eight hundred and forty two - The mark of + George Scott - The signature of the said testator George Scott was made by him in the presence of us who in his presence and at his request and in that of each other have hereunto attested and subscribed our names as witnesses - Matt Alexr Fitter - Richard Moody Clerks to Messrs Roberts Crompton & Eberhardt Solicitors Stourbridge -

Proved at London with a Codicil 23rd February 1843 before the worshipful John Daubeny Doctor of Laws and Surrogate by the Oath of Henry Eberhardt one of the Executors to whom Admon was granted having been first sworn duly to administer power reserved of making the like grant to William Morgan Crompton the other Executor whom he shall apply for the same.

Transcribed by Mark Scott 18/8/1994

Updated 17 Nov 2001