1822 - Will of John Dickinson

 

This is the last will and testament of me John Dickinson of Birmingham in the county of Warwick gentleman

 

In the first place I will and direct all my just debts funeral expenses and the expenses of proving this my will and carrying the trusts thereof into execution to be fully paid and satisfied and to charge all my real and personal estate therewith and subject thereto

 

I give and devise limit and appoint all such my two small freehold houses situated in Darlaston in the county of Stafford with the shops gardens and appurtenances thereunto belonging and also all other my freehold and copyhold estate whatsoever and wheresoever or over which I have any power of limitation or disposition unto Charles Glover of Birmingham aforesaid gentleman my late partner John Turner of Birmingham aforesaid button maker Thomas Lowe of Great Charles Street in Birmingham aforesaid coach spring maker and Rice Harris of Birmingham aforesaid glass maker their heirs and assigns to the use of my well beloved wife Rebecca for and during the term of her natural life without impairment of waste

 

And from and immediately after her decease to such use and for such estates trusts interests and purposes and charged and rechargeable with any sum or sums of money by way of annuity or in gross as Ann Elizabeth the wife of William Brunton of Birmingham aforesaid iron founder by any deed or deeds with our without power of revocation by her to be sealed and delivered in the presence of one or more subscribing witnesses or in or by her last will and testament in writing or any writing in the nature thereof duly executed and attested to pass her real estate shall convert or sole give limit direct or appoint

 

And for and in default of and until such gift direction limitation and appointment as to the whole or any part thereof or any estate or interest therein

 

And in the meantime subject thereto to the use of the said Charles Glover John Turner Thomas Lowe and Rice Harris and their heirs during the natural life of the said Elizabeth Brunton in trust for the said Ann Elizabeth Brunton and her assigns to and for her and their sole and separate use and benefit and to permit her and them to receive and take the rents issues and profits thereof free and independent of the debts control or engagements of her present or any after taken husband and her receipt alone notwithstanding her coverture to be a good and sufficient discharge for the same

 

And from and after the termination of that estate to the use of the said Ann Elizabeth Brunton her heirs and assigns for ever

 

I also give and bequeath unto my said wife all my household furniture plate linen china books and all implements of household to and for her own absolute use and benefit

 

I also give and bequeath to my said wife the sum of one thousand pounds over and above all such benefit and advantage as she can or may claim or be entitled to under or by virtue of a certain indenture or settlement bearing date the seventh day of June one thousand seven hundred and ninety two made previously to and in contemplation of our marriage (and also all such advantage claim and interest as I or my representatives may claim or be entitled unto by virtue of the same indenture) to and for her own absolute use and benefit and to be paid to her as soon as the same can be conveniently raised with lawful interest in the meantime from my decease

 

I also give and bequeath unto Peter Ellis son of the late John Ellis of the city of Chester wine merchant deceased the sum of three hundred pounds to be paid to him within twelve calendar months next after my deceaseI also give and bequeath unto such of the heirs of his late brother Benjamin Ellis deceased as shall be living at the time of my decease the sum of three hundred pounds to be paid within twelve calendar months next after my decease to be divided amongst them in such shares and proportions and with such preference of parents in exclusion of issue and in all other respects as if the same had been vested in him the said Benjamin Ellis at the time of his decease and he had died a widower intestate and if but one such issue then the whole to such one but no person to take any share as issue whose parent or ancestor being the issue of the said Benjamin Ellis shall be then living

 

I also give and bequeath to Catherine Jackson daughter of the said Peter Ellis the sum of three hundred pounds to be paid to her within twelve calendar months next after my decease

 

And in case of her death before me leaving issue in the same shares and proportions and with such preference of parents in exclusion of issue and in all other respects as if the same had been vested in the said Catherine Jackson at the time of her decease and she had died a widow intestate and if but one such issue then the whole to such one

 

I also give and bequeath unto Timothy East of Birmingham aforesaid dissenting minister in case he shall be living at my decease and minister of the Ebenezer Chapel in Steel House Lane in Birmingham aforesaid the sum of one hundred pounds

 

But in case he shall not then be living and minister thereof then I give and bequeath the said sum of one hundred pounds to such person as shall be minister thereof at the time of my decease

 

I also give and bequeath unto the said Charles Glover John Turner Thomas Lowe and Rice Harris the sum of twenty five pounds each for their trouble in executing the trusts of this my will

 

I also give and bequeath unto the said Charles Glover John Turner Thomas Lowe and Rice Harris their executors administrators and assigns for and during the natural life of my said wife all my leasehold house buildings rents and land situated at a place called the Sandpits otherwise the Terrace and Campden Street in Birmingham aforesaid upon trust for my said wife and her assigns for and during the term of her natural life to and for her sole and separate use and benefit and to permit and suffer her and them to receive and take the rents issues and profits thereof for and independent of the debts control and engagements of any husband with whom she may intermarry and her receipt alone notwithstanding her coverture to be a good and sufficient discharge for the same and from and immediately after her decease I give and devise the same unto the said William Brunton his executors administrators and assigns for all my real and personal estate therein

 

And as to all the rest and residue of my leasehold and personal estate and effects whatsoever and wheresoever not hereinbefore disposed of I give and bequeath the same unto the said Charles Glover John Turner Thomas Lowe and Rice Harris their executors administrators and assigns upon trust to pay the clear rents issues and profits dividends and proceeds of my leasehold property stock in the public funds or in any public company or any joint stock company considered a public company whether chartered or not and also the interest of all other parts of my personal estate (and I do hereby direct them to reinvest such other parts of my personal estate not being leasehold or stocks as aforesaid into ready money as soon as they reasonably can after my decease by public auction or any such other means as to them may seem meet) unto my said dear wife and her assigns for and during the term of her natural life or otherwise to permit and suffer her and them to receive and take the same to and for her and their own sole and separate use and benefit and from and immediately after her decease upon trust that they the said [Charles] Glover John Turner Thomas Lowe and Rice Harris their executors admons or assigns do and shall as soon as reasonably may be either by public auction private contract or otherwise as to them or the survivors or survivor of them his executors administrators and assigns may seem meet convert the whole of my personal estate and effects into ready money and do and shall pay apply and dispose of the money arising therefrom in manner following

 

That is to say as to the sum of four thousand pounds in trust for the said Ann Elizabeth Brunton to and for her sole and separate use and benefit free and independent of the debts control or engagements of her present of any after taken husband and to be paid applied and disposed of either to the said Ann Elizabeth Brunton or as she by any deed or deeds to be [by] her sealed and delivered in the presence of and attested by one or more credible witnesses or by her last will and testament in writing under her hand shall give direct or appoint and her receipt alone notwithstanding her coverture shall be good and sufficient discharge for the same

 

And for and in default of such payment gift direction and appointment as to the whole or any part thereof in trust for the issue of the said Ann Elizabeth Brunton living at the time of her decease to be divided amongst them in the same shares and proportions and with the like preference of parents in exclusion of issue and subject to the same rule or law of Hotchpot and in all other respects as if the same were vested in her at her decease and she had died a widow intestate and if but one such issue then the whole to such one

 

And for and in default of such issue in trust for the said Ann Elizabeth Brunton her executors and administrators unto and amongst the issue of Thomas Edwards late of the city of Chester hatter living at the decease of my said wife the sum of one thousand pounds to be divided amongst them in the same shares and proportions and with such preference of parents in exclusion of issue and in all other respects as if the same had been vested in the said Thomas Edwards at his decease and he had died a widower intestate and if but one such issue then the whole to such one Unto and amongst the issue of Richard Duke late of the city of Chester schoolmaster deceased living at the decease of my said wife the sum of three hundred pounds to be divided amongst them in the same shares and proportions and with such preference of parents in the exclusion of issue and in all other respects as if the same had been vested in the said Richard Duke at his decease and he had died a widower and intestate and if but one such issue then the whole to such one

 

Unto Thomas Chubbe of the city of Chester brewer and John Williamson of the same place distiller the sum of one thousand pounds to be paid out of my personal estate and in case they be then both dead then to the executors or administrators of the survivor of them upon trust at their or his discretion to pay and apply the same unto and for the benefit of poor gospel ministers whom they or he may deem proper objects principally those residing in North Wales in any sum or sums not being less than five pounds nor more than twenty pounds to any one person

 

Unto my servant Mary Blockridge if living at the decease of my said wife the sum of one hundred pounds

 

Unto the said Peter Ellis if living at the decease of my said wife the sum of four thousand pounds and in case he shall be then dead leaving issue then living then the same to be divided amongst such issue in the same shares and proportions and with the like preference of parents in exclusion of issue and in all other respects as if the same was vested in him at the time of his his decease and he had died a widower intestate and if but one such issue then the whole to such one

 

And in default of such issue then upon trust for my said wife her executors and administrators unto and amongst the issue of the said Benjamin Ellis living at the decease of my said wife the sum of two thousand pounds in the same shares and proportions and with the like preference of parents in exclusion of issue and in all other respects as if the same has been vested in the said Benjamin Ellis at his decease and he had died a widower and intestate

 

And if but one such issue then the whole to such one and in default of such issue upon trust for my said wife her executors and administrators and after full payment and discharge of the several legacies aforesaid then if sufficient monies shall remain

 

I do direct my said trustees to pay unto the trustees for the time being of the Hoxton Academy now or late under the care of the Reverend Robert Simpson and the Reverend Henry Foster Burden the sum of two hundred pounds to be raised out of my personal estate in trust to apply the same for the support of the said Academy

 

Unto the trustees for the time being of the academy late of Wrexham but now of Llanfillan in the county of Montgomery now or late under the care of the Reverend Horton Lewis the sum of two hundred pounds to be raised out of my personal estate in trust to apply the same for the support of the same academy

 

Unto the trustees or treasurers for the time being of a certain voluntary society formed in London in the year one thousand eight hundred and four entitled ‘The British and Foreign Bible Society’ the sum of three hundred pounds to be raised out of my personal estate to be applied to the purposes of the said society

 

Unto William Alois Hankey Esquire or the trustees of trustee for the time being of a certain voluntary society variously called or known by the name of ‘The Missionary Society’ instituted in the year one thousand seven hundred and ninety five the sum of three hundred pounds to be raised out of my personal estate in trust for the purposes of the said society

 

Unto the governors for the time being of the General Hospital near Birmingham aforesaid the sum of one hundred pounds to be raised out of my personal estate in trust to be applied in support of that institution

 

Unto the Governors trustees or treasurer for the time being of a certain institution in Union Street in Birmingham aforesaid called the Dispensary the sum of two hundred pounds to be raised out of my personal estate in trust to be applied in support of that institution

 

Unto trustees or treasurer for the time being of a certain voluntary society among the Moravians or United Brethren known [by] the name of ‘The Brethrens Society for the Furtherance of the Gospel’ the sum of two hundred pounds to be raised out of my personal estate in trust to be applied in aid of the missions in which they are engaged

 

Unto the widows of poor gospel ministers the sum of two hundred pounds to be distributed in such shares and proportions and to such persons as my executors or [the] survivor of them his executors or administrators may see fit

 

Unto the trustee or treasurer for the time being of a certain society called the Wesleyan Methodist Missionary Society the sum of two hundred pounds to be raised out of my personal estate in trust to apply the same for the purposes of the said society

 

Unto the trustees or treasurer for the time being of a certain society called the Baptist Missionary Society for the sum of two hundred pounds to be raised out of my personal estate in trust to apply the same for the purposes of the same societyUnto the trustees or treasurer for the time being of a certain society called the church missionary society the sum of two hundred pounds to be raised out of my personal estate in trust to apply the same for the purposes of the said society

 

Unto the trustees for the time being of a certain meeting house situated in Steel House Lane in Birmingham aforesaid called the Ebenezer Chapel the sum of five hundred pounds to be raised out of my personal estate to be applied by the said trustees towards the liquidation of the debt due on the said chapel should any such debt then remain but in case there shall be no such debt then existing then to be by them applied for the benefit of the church or society assembling there in such manner as they the said trustees for the time being may see fit

 

And I do declare that the same is not given for the express purpose of paying off such mortgage but for such purpose or purposes as shall not be contrary to any statute of mortmain or charitable use or purpose now in force

 

And in case this bequest or any part of it shall be void or voidableI give the said monies or so much thereof whereof this bequest shall be so void or voidable unto the said Charles Glover John Turner Thomas Lowe and Rice Harris their executors administrators and assigns to and for their own absolute use and benefit free from all trusts whatsoever

 

And I do direct all and every legacy given by this my will to be paid in full without any deduction for the present or any future legacy duties or account thereof

 

And I do also direct that in case there shall not be sufficient monies arising from my personal estate to pay and distribute the several charitable legacies and bequests aforesaid

 

Then the deficiency shall be equally borne amongst such charitable legatees

 

And in case any legacy or bequest herein by me given to a charitable use or uses (all of which I direct to be paid out of my personal estate) shall be void or voidable from the deficiency of a sufficient fund liable to pay the same or from any other cause then I give and bequeath all such legacies as shall be so void or voidable unto the said Charles Glover John Turner Thomas Lowe and Rice Harris for their own absolute use and benefit and direct the same to be raised out of my personal estate especially and not confined to such part of my personal estate and as I am empowered to dispose of to charitable uses if that shall be sufficient after payment of the several legacies hereby given which are not to charitable uses

 

And I do direct my said trustees during the life of my said wife and after her decease until the aforesaid monies shall respectively become payable and proper and effectual receipts released and discharged can be given by the respective persons entitled thereunto to place out said as occasion may require to call and replace the same on freehold leasehold or government security or securities for such interest as they may deem fair and reasonable and to pay and apply the interest dividends and proceeds arising therefrom or so much thereof as they may deem expedient for and towards the maintenance education and support of the person and persons respectively entitled to the principal thereof adding the surplus thereof (if any) to the respective shares of the principal monies from which such interest shall arise

 

And as to all the rest and residue of the said monies upon trust to pay and divide the same as they may see fit unto and amongst such protestant dissenting ministers of the independent persuasion who have families and whose income shall not at the time of such payment or division to the knowledge or belief of my trustees for the time being amount to more than one hundred pounds per annum paying to no one of such ministers more than twenty pounds nor less than five pounds

 

And I do hereby authorise and empower my said trustees to deduct retain and reimburse himself and themselves and such other all such costs charged and expensed as they or any or either of them shall or may pay sustain or be put unto for or by reason of this my will or in the execution of the trusts hereby in them imposed or in any manner incident thereto

 

And I declare that whichever of them my said trustees shall be answerable or accountable for any loss damage or injury which shall or may arise or happen to the said trust estate for or by reason of any change of security failure of bankers or otherwise howsoever unless the same shall happen through their or some of their wilful default neglect privity or procurement nor shall any of them be answerable or accountable for the acts deeds or defaults of the others or other of them but such of them for his and their own acts deeds and default only

 

And no purchaser or purchasers of all or any part of my said trust estate shall be obliged to see to the application of his or their purchase money or answerable for the misapplication or nonapplication thereof but the receipt and receipts of my said trustees and of the survivors and survivor of them his executors admons and assigns shall be a good and sufficient discharge for the same

 

And I do hereby appoint my said wife and the said Charles Glover John Turner Thomas Lowe and Rice Harris executrix and executors of this my last will and testament hereby revoking all former wills by me made and so declare that no part of this my will shall be considered as a payment or satisfaction or any debt claim or demand due to or from me unless the same is so expressed

 

Provided lastly that in case I shall leave any lawful issue living at my decease then I do declare this my will to be utterly void any thing hereinbefore contained to the contrary notwithstanding

 

In witness whereof I have to this my last will contained in eight sheets of paper set my hand and seal this eleventh day of August in the year one thousand eight hundred and twenty one John Dickinson

 

Signed sealed published and declared by the above named testator John Dickinson as and for his last will and testament (the words ‘in case he shall be living at my decease’ between the thirty fourth and thirty fifth lines of the second sheet, the word ‘rents’ between the fifth and sixth lines and the words ‘and Cambden Street” between the sixth and seventh lines of the third sheet and the words ‘if there shall be sufficient after payment of the several legacies thereby given which are not to charitable uses’ between the twenty seventh and twenty eighth lines of the seventh page being first interlined and the words ‘in case he shall be living at my decease’ in the thirty sixth line of the second sheet being first struck out with a pen in the presence of us who in his presence at his request and in the presence of each other have subscribed our names at witnesses thereto

 

Jos Shipton Simon Kempton and James Harwood 

 

Appeared personally Rebecca Dickinson of Birmingham in the county of Warwick widow and made oath that she is the lawful relict and one of the surviving executors named in the last will and testament of John Dickinson late of Birmingham aforesaid gentleman deceased who died on the seventeenth day of September one thousand eight hundred and twenty one and which said will bears date the eleventh day of August in the same year and the deponent referring to a clause therein in the words following ‘provided lastly that in case I shall have any lawful issue living at my decease then I do declare this my will to be utterly void any thing hereinbefore contained to the contrary notwithstanding’ saith that the said deceased died without leaving any lawful issue living at the time of his decease and that she is not at this time _ of any child or children Signed R Dickinson

 

On the 26th day of April in the year of our Lord one thousand eight hundred and twenty two the said Rebecca Dickinson widow was duly sworn to the truth of this affidavit before me Edward Burn commissioner 

 

Proved at London 29th April 1822 before the judge by the oath of Rebecca Dickinson widow the relict John Turner Thomas Lowe and Rice Harris the surviving executors to whom admon was granted having been first sworn (by common) duly to administer

 

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About us

This web site has been created by Lesley Close as an on-line museum displaying some of the buttons and other artifacts manufactured by Hammond Turner & Sons (and related companies), button makers of Birmingham (and Manchester), England.

Lesley's interest in buttons started when she saw the words 'button maker' in the 'father's occupation' column of her maternal great grandmother's marriage certificate. After rather too many 'ag labs', vicars and sailors, here was a wonderful change of occupation. She thought she might find a picture of a button: instead, she found a picture of the one-time owner of the business and over 200 different buttons made by the company.

What we don't do

The button-making company Hammond Turner no longer exists - we do not make buttons!