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Samuel Lowe M.A. Will
Samuel Lowe's will [with a Codicil] was signed by Samuel on ? the 1st July 1824, and was proved at London on the 17th January 1835 before a judge for Margaret? widow and executors.
The witnesses for the Will were Rebecca Darwall, Eliza Darwall, and Charles Henry Darwall.
The witnesses for the Codicil were George Frederick White [Reverend] Darlaston and Elizabeth M. White [Reverend G.F. White's wife?].
The Darwall family at Walsall, had a street named after them in the center of Walsall.
The Reverend G.F. White became the Rector at St Lawrence, after Samuel's death.
Deciphering the Will has been problematic to say the least, but here goes,
Normal font, means totally sure,
Italic font, means I am a little uncertain what the word is.
? means unsure [one word].
The letter "e" means "and".
[my comments are enclosed in brackets].
On the left are the line numbers...
001 This is the last Will and Testament
002 of me Samuel Lowe of Walsall in the County of Stafford Clerk Rector of Darlaston
003 in the said County I give and bequeath my messuage  buildings lands and real estate
004 with the appurtenances  situated a ? otherwise ? in the county of York unto
005 Charles Henry Darwall [solicitor] of Walsall aforesaid Gentleman and John Foster of Bilston in the
006 the said County of Stafford; banker and to the Survivor of them and heirs and of
007 ? survivor but to the uses and upon the trusts following that is to say ? the ? of
008 my son Charles Benjamin Lowe his heirs and ? when and as soon as a he shall attain
009 the age of twenty one years and upon trust that the trusts of my said Estate be in the
010 ? be paid to him But in case of the death of my death of my said son Charles Benjamin Lowe
011 before he shall have attained the age of twenty one years then to the of my son
012 Henry Edward Lowe his heirs and ? when and as soon he shall attain the age ?
013 of twenty one years and upon trust that the ? of my said Estate be in the ? ? paid
014 to him or for his use and benefit And in case of the death of my said son Henry Edward
015 Lowe before he shall have attained the age of twenty three years and if my wife Marianne
016 Lowe shall then be leaving them to the ? of my said wife Marianne Lowe her heirs
017 and ? for ever But if she shall not be then living then upon trust that my said
018 trustees or the survivor of them or the heirs or ? of such survivors do and shall as soon
019 on ? may be and in such manner as they or he shall think proper absolutely
020 sell and dispose of my said ? buildings lands and real Estate to any person or
021 persons ? shall be willing to ? the purchaser or purchasers thereof at or for or
022 such ? or ? as my said trustees or the survivors of them or the heirs or ? of
023 such survivors shall think reasonable or ? obtain for the ? and do and shall
024 pay ? and ? the ? arising form such sale or sales together with the
025 unapplied rents of the said ? ? and equally amongst all the children who
026 shall be living at the time of such distribution of my sister in law Louisa Arnold and
027 of my brother in law the Reverend Samuel Maddock and I hereby declare that the
028 ? or ? of my said trustees of the survivor of them of the heirs of ? of such ?
029 survivor shall be a good and sufficient discharge to any purchaser or purchasers for
030 or their purchase money and that such purchaser or purchasers shall not be liable to
031 ? to the application of his or their purchasing money or be ? or ? for
032 the ? thereof and I declare that my trustees or trustee for the ? ?
034 which may happen without their or his wilful neglect or default and that they shall not
035 be ? ? or ? for ? ? but ? for ? only also I ? and ?
036 bequeth to my said son Henry Edward Lowe the sum of four Hundred pounds to be paid
037 to him on his attaining the age of twenty ? year but I declare and direct that the
038 ? shall not be a vested legacy if ? ? shall ? under the said age and I give to my
039 said wife Marriane Lowe and my said son Charles Benjamin Lowe the sum of out
040 thousand pounds that they or the survivors of them do and shall ? and
041 as soon as my nephew Benjamin Arnold attain the age of twenty three years
042 ? ? shall not have attained that age at the time of my demise ? ? to ? ?
043 of them my said wife and son Charles Benjamin or the survivor of them either
044 to my ? nephew Benjamin Arnold the said sum of out the thousand pounds or otherwise
045 ? the said at interest ? ? or ? ? and pay the dividends and
046 interest hereto to my said nephew Benjamin Arnold during his life or until my said
047 Wife and son Charles Benjamin or the survivor of them shall think it prudent and
048 proper to pay the said sum one thousand pounds to the said Benjamin Arnold And
049 in case my said wife and son Charles Benjamin or the survivors of them shall not ?
050 pay the Sum of one thousand pounds to the said Benjamin Arnold in his life
051 ? upon trust that they or the survivor of them do and shall pay the ? to ? person
052 or persons as the said Benjamin Arnold by any deed or writing or By his last Will and
053 Testament in writing duly executed shall divert or appoint or give or bequeath the same and
054 ? default thereof to the ? of ? of the said Benjamin Arnold according to the statues
055 for the distribution of ? efforts provided netherless that if my wife and son
056 Charles Benjamin or the survivors of them shall not pay the said sum of one thousand
057 pounds to the said Benjamin Arnold and if both of them die in the lifetime of the
058 said Benjamin Arnold then I will and direct that the said sum of one thousand pounds
059 shall be payable to the said Benjamin Arnold after the demise of the
060 ? of them my said wife and Benjamin And I give to my said Wife
061 Marriane Lowe for her life if she ? my widow the use of occupation and
062 enjoyment of my leasehold house in Walsall now in my own possesion with the
063 appertuances to the said ? and the furniture thereof and the Dividends
064 Interest and yearly produce of all the residue and remainder of my personal estate
065 and property But in the ? of the second marriage of my said wife I will and
066 direct that she shall therefore ? and receive an annuity of yearly sum of one
067 Hundred pounds for her life and that subject thereto my said sons Charles Benjamin Lowe
068 and Henry Edward Lowe shall have and take equally Between them the use and benefit ?-
069 -? interest and yearly ? of the property last about mentioned and subject as
070 aforesaid I ? my said ? ? with the buildings garden and appurtenances and
071 all the Residue and Remainder of my said personal Estate and property onto my
072 said sons Charles Benjamin Lowe and Henry Edward Lowe in ? shares and proportions
073 as my said wife Marianne Lowe by any deed or writing or by her last Will and Testament
074 in writing by her Executed in the presence of and attested by ? or word ? ?
075 shall limit direct or appoint the ? And in default of any such ? ? or ?
076 appointment I give the said last mentioned premises and property unto and equally or ?
077 between my said son Charles Benjamin Lowe and Henry Edward Lowe with benefit of
078 survivor ? in the event of the death of either of them without children but in case both
079 of my said sons shall die in the lifetime of my said wife without leaving any children or
080 child then I do hereby declare authorise and empower my said wife by any Deed or Deeds
081 Writing or Writings or by her last Will testament in writing to be by her executors in
082 the presence of and attested by two or more ? absolutely to limit divert or
083 appoint ? or dispose of the said last ? premises and property and every part
084 thereof to such person or persons and in such a manner as ? shall think proper And ?
085 appoint my said wife Marianne Lowe and my said son Charles Benjamin Lowe
086 Executrix and Executor of this Will and revoking all wills by me herefore
087 made I declare this only to be my last Will and Testament in ? whereof I cast to the
088 three proceeding sheets set my hand and to the this fourth and last sheet ? hand and seal
089 the first day of July in the year of our Lord one thousand eight hundred and thirty one ?
090 Samuel Lowe have ? Signed Sealed published and Declared by the
091 testator Samuel Lowe as his last Will and Testament in the presence of us who at his request
092 in his presence and in the presence of each other have subscribed our names as ?
093 Rebecca Darwall - Eliza Darwall - C H Darwall
We now have a Codicil  ...
094 A Codicil to be annexed to my Will dated 1st July 1831
095 Whereas ? ? bequeathed to my nephew Benjamin Arnold a legacy to the amount
096 of one thousand pounds and ? has [?] ? his destination ? for that of the Clerical profession
097 requesting ? a work ? ? than was ? ? e for this I have ?
098 undertaken to provide a ? of only to my own Children ? but to leave behind ? ?
099 ? further directions with respect to this legacy and first I hereby authorise my Executors
100 ? in the said will to ? from the said amount such sums as have been or shall
101 have been paid on this ? the ? thereof being ? ? to ? inserted in
102 the margin of this paper e to the said Benjamin Arnold only the remainder of the
103 interest arising from such remainder ? making ? further ? ?
104 ? of the said agreement as may be ? to fit him for his intended profession
105 ? ? ? ? ? is that ? ? said Benjamin Arnold ? without leaving
106 ? ? before the whole of ? legacy be discharged the said remainder shall revert to
107 the residue of my property and be disposed of accordingly instead ? being subject
108 to the bequest of the said Benjamin Arnold or ? but to his ? of ? ?
109 to the statues for the distribution of ? ? as the will appoints ? Codicil
110 whereof I have set my hand e seal this ? day of January in the year of our Lord
111 one thousand eight hundred twenty four - Samuel Lowe
112 signed Sealed published and declared by the testator Samuel Lowe as a Codicil to his
113 last Will and testament in the presence of us who at his request in his presence and in the
114 presence of each other have subscribed our names as ? G. F. White Darlaston
115 Eliza M. White
Next we have the following sworn affidavit ...
116 Appeared Personally Henry Christopher
117 Hindle of Walsall in the County of Stafford Merchant and Charles Henry
118 Darwall of the same place and ? on the ? ?
119 made oath that they knew and were well acquainted with the Reverend Samuel Lowe
120 late of Walsall in the County of Stafford Clerk deceased for some time before and ? to the
121 ? of his death and also with his manner and character of ? and ? having
122 frequently seen him ? and also ? and his name and having now with
123 and attention ? and perused the paper ? ? ? purporting to be a
124 Codicil to the Will of the said Deceased that said Codicil beginning thus "a Codicil to be ?
125 to my Will dated 1st July" 1831 ending thus "set my hand and seal this seventeenth day of January
126 in the year of our Lord one Thousand eight hundred and thirty four" and subscribed "Samuel
127 Lowe" and having particularly noted the ? and figures ? from the ? ?
128 Legacy (SL) 1833 17 ? for 50 2 Cousins ? 5:5 29 ? 3:3
129 ? ? 2/2 Quarters allowed x o 5 1834 ? ? 3 ?:50 ? ? ?
130 6 3 Quarters allowance 15 ? 17 perpetual to Quarterly 5:5 ? ? of ? ? ? ? ?
131 ? ?:3 1 Quarters ? to x 5 "appearing to be written in the margin of the said
132 Codicil made oath that they ? and in their ? ? the said Words and
133 figures so written in the said hand writing of the
134 said Deceased - Henry C Windle - C H Darwall-
135 On the tenth day of January 1835 the said Henry Christopher Windle and Charles Henry
136 Darwall were duly sworn to the ? of this affidavit Before us ? ? ?
137 Proved at London (with Codicil) 17th January 1835 before the justice the ? oath
138 of Marianne Lowe Widow the Relict and Charles Benjamin Lowe ? son the executors
139 whom ? was granted having been first sworn by ? duly to administer
Please Note - Deciphering this will is still ongoing...
 In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.
 In a legal context, an appurtenance could for instance refer to a back-yard that goes with the adjoining house.
The idea being expressed is that the back-yard "belongs" to the house, which is the more significant of the two.
 A codicil is a document that amends, rather than replaces, a previously executed will.
Amendments made by a codicil may add or revoke small provisions (e.g., changing executors),
or may completely change the majority, or all, of the gifts under the will.
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