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"W35"

The transcript which follows is one of those documents most beloved by family historians. In it John Frazer, younger brother of Archibald Frazer one of my GG Grandfathers, gives details of most of his family and his extended family. Read on.

This is the last will and testament of me John Frazer of Stockfield Hall Tyseley in the parish of Yardley County of Worcester Manufacturer I direct payment of all my just debts funeral and testamentary expences as soon as convient after my desease I appoint James Frazer of Stackfield hall aforesaid William Frazer of Westley Brook Warwick Road Acocks Green in the County of Worcester manufacturer and Edward Lilly Frazer of 16 Spencer Place Roundhay Road Leeds (hereinfter called my trustees) to be the Executors and Trustees of this my will. I give to John Wesley Johnstone of Hay Mills in the parish of Yardley aforesaid a clerk in the employ of Frazer Bros Hay Mills aforesaid if he shall be in their empoly at the time of my decease the sum of twenty five pounds and I direct my trustees in case the said John Wesley Johnstone is not in the employ of the said Frazer Bros at the time of my decease to pay or withold the said legacy as they may think fit. I give all that residence known as Stockfield Hall in which I now reside to my brother James Frazer together with my share in the furnishing of same and my private and personal bellongins. I devise and bequeath all my real and personal Estate not otherwise disposed of unto my trustees upon trust that my trustees shall sell (or value) call in and convert unto money the same or such part thereof as shall not consist of money and shall invest the same in the business of Frazer Bros or such other investment as my trustees shall think desirable upon the following trusts viz 1. As to six hundred pounds in trust to pay same to Maria Anne Donohoe of Buffalo New York in the United States of America Daughter of my sister Eliza. 2. As to six hundred pounds in trust to pay same to Samuel Dowlex of Canada son of my sister Eliza. 3. As to six hundred pounds in trust to pay same to Mary Martha Hassard of Toronto Canada daughter of my sister Anne. 4. As to six hundred pounds in trust to pay same to Florence Hassard Toronto Canada daughter of my sister Anne by installments of Two hundred pounds each but without interest at the expiration of five ten and fifteen years after the date of my decease. My trustees shall set aside yearly such part of the income as would be equal to interest at 2 1/2 per cent per annum upon the whole ammount invested In trust to pay divide and distribute yearly out of such income 1. the sum of £10 per annum to my sister Mary Ward of Worcester during her life 2. £15 per annum for the first five years after my decease to Maria Annie Donohoe aforesaid, £10 per annum for a further period of five years and £5 per annum for a further period of five years 3. £15 per annum for five years to Samuel Dowlex aforesaid £10 per annum for a further period of five years and £5 per annum for a third period of five years 4. £15 per annum for five years to Mary Martha Hassard aforesaid £10 per annum for a further period five years and £5 per annum for a further period of five years 5.£15 per annum for five years to Florence Hassard aforsaid £10 per annum for a further period of five years and £5 per annum for a third period of five years 6. £10 per annum for five years to the Trustees of the British and Foreign Bible Society, 146 Queen Victoria Street london. 7. £10 per annum for five years to the Church of England Missionary Society, Salisbury Square, Fleet Street London. 8. £10 per annum for five years to the Church Association of 14 Buckingham Street, Strand, London. And I give my trustees the power with reference to the shares of income and principal heretofore given to Maria Annie Donohoe and Samuel Dowlex to withhold the share of income and principal payable to Maria Annie Donohoe and to pay the same to Samuel Dowlex or vice versa at the discrection of any two of my said Trustees if circumstances seem to them to call for such a course to be adopted and as to the remainder of the interest at 2 1/2 per cent per annum to pay devide and distribute same every year between and amonst the following persons in equal shares 1. John William Frazer of hay Mills aforesaid son of my Brother Archibald 2. Edgar Hamilton Frazer of Leeds son of my brother Edward. 3. Alexander Stenson Frazer of Leeds son of my brother Edward. 4. Douglas Villiers  Frazer of Leeds, son of my brother Edward. 5. Hector Mc Kenzie  Frazer of leeds, son of my brother Edward. 6. Vera Adeliade Lilian  Frazer of leeds Daughter of my brother Edward. And upon the death of any person entitled under this my will to a share of income as aforesaid leaving issue such issue shall be entitled to their deceased parents share of income. And in case their is no issue the share of such deceased person shall be divided equally amonst the remaining persons participating in the division of income as aforesaid. And I direct & empower my trustees (should they so desire) notwithstanding anything hereinbefore contained limiting the interests of any person participating under this my will to income only to pay to any one or all of the said participants any sum or sums from the said principal money invested as aforesaid and from the date of such payments to reduce the payment of income proportionately and as to the remainder of income in excess of the 2 1/2% per annum arising out of the principal moneys invested as aforesaid upon trust to pay the same to James Frazer, William Frazer, Edward Lily Frazer and John William Frazer in proportion to the amount of capital which each of them shall then have invested in the said business of Frazer Bros. And should any member of the firm of Frazer Bros (or after his death his Executors or trustees) withdraw in any one year from the business of the said firm any part of his capitol (besides his profits) in excess of 5% of the amount standing to his credit in the books of the said firm I direct my trustees at their discretion to withdraw from the amount invested by them as aforesaid with the said Frazer Bros an equal sum or at the discretion the whole amount they have invested with the said firm. In trust to reinvest the same and apply the income as aforesaid or in their discretion to distribute the principal money in discharge of their trust and I expressly declare that any member of Frazer Bros who may withdraw such amount as aforesaid without the consent of a majority of the other partners of the firm they and their descendants shall be excluded from any benifit whatever under this my will and I further declare that in case any person interested under this my will shall take precedings to set aside this will or shall commence any action against the trustees (except to recover any ammount due to him under the terms of this my will) or shall instruct any procedings whatever for the purpose of having the intention and construction of this will defined by a court of law they and their descendants shall be excluded from any benifit whatever hereunto in witness whereof I have hereunto set my hand to this my will contained in this and the two proceeding sheets of paper this 13th day of November One thousand nine hundred and two.

Signed by the said John Frazer the testator
as and for his last will and testament in
the presence of us both being present at the
same time who at his request in his presence
and in the presence of each other have hereunto
set and subscribed our names as witnesses.
John Frazer
Arthur G Tanfield
Solicitor, Birmingham
Frank Albert
his clerk
 
On the twenty first day of october 1904 probate of this will was granted at Worcester to James Frazer, William Hamilton Frazer and Edward Lilly Frazer the executors

          Doug Vaugh, England 10th August 2000               Wills             Mail me Doug Vaugh