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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 [1] buildings lands and real estate
    004   with the appurtenances [2] 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 [3] ...

    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...


[1] In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.

[2] 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.

[3] 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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