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"W37"

John Frazer was a distant relative of my FRAZER ancestors. His will is notable for he number of codicil's attached being four in number.

 

I John Gilbert Frazer of No122 Bordesley Green Small Heath in the County of Warwick Gentleman hereby revoke all former Wills Codicils and testamentary instruments made by me and declare this to be my last Will I appoint my daughter Mary Elizabeth Frazer my Son John Benjamin Frazer and my Son-in-law Joseph Astbury of No132 Bordesley Green aforesaid Grocer (hereinafter called my Trustees) Executors and Trustees of this my Will I bequeath to my Trustees all my furniture plate linen glass china books pictures prints musical instruments and all other articles of domestic or household use or ornament wines liquors and consumable stores and provisions In trust to permit my said Daughter Mary Elizabeth Frazer and my son Henry William Frazer to have the use and enjoyment thereof during their joint lives and from and after the decease of such one of them the said Mary Elizabeth Frazer and Henry William Frazer as first die In trust for the survivor of them the said Mary Elizabeth Frazer and Henry William Frazer for his or her absolute benefit I bequeath to each of my Executors and Trustees in case they shall respectively prove my Will and accept the trusteeship thereof the sum of Twenty pounds I devise and bequeath all the residue of my personal estate and effects whatsoever and wheresoever and all my real estate of every place and wheresoever situated not otherwise disposed of (including as well real as personal estate over which I may have any general power of appointment or disposition by Will) subject to and after payment out of my personal estate or in case of deficiency thereof out of my real estate of my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil hereto unto and to the use of my Trustees their heirs executors and administrators respectively according to the nature thereof upon the trusts and subject to the powers and provisions hereinafter declared and confirmed concerning the same that is to say upon trust that my Trustees shall sell call in collect and convert into money the said real and personal estate and premises at such time or times and in such manner as they shall think fit (but as to reversionary property not until it falls into possession unless it shall appear to my Trustees that an earlier sale would be beneficial) and so that they shall have the fullest power and discretion to postpone the sale calling in or conversion of the whole or any part or parts the said premises including leaseholds or other property of a terminable or wearing out nature during such period as they shall think proper without being responsible for loss In trust to divide the nett proceeds of such sale calling in collection or conversion into eight equal shares and shall hold one of such shares in trust for each of the children of my deceased daughter Fanny Louisa (the wife of the late John Walker of Dudley Road Birmingham in the County of Warwick Grocer) as shall be living at my decease and who 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 in equal shares And shall hold one other of such shares for each of the following of mine namely: the said Mary Elizabeth Frazer Sarah Jane the wife of William Battsley? of Whitmore Road Small Heath aforesaid Commission Agent the said John Benjamin Frazer the said Henry William Frazer George Ebdon Frazer Jessie Gertrude Frazer and Earnest Gilbert Frazer Provided always and I declare that if any or either of my said children shall have died in my lifetime leaving issue at my death such issue being male and attaining the age of twenty one years or being female and attaining that age or marrying shall take by substitution and if more than one in equal shares the share in the trust premises which such deceased child of mine would have taken under the trusts in that behalf hereinbefore deceased had he or she survived me and attained a vested interest Provided always and I declare that the trusts hereinbefore declared of any such eight shares shall fail then the share or shares as to which there shall be such failure (including any further share added thereto by virtue of this present provision) shall accrue and be added in equal proportions to the others of such eight shares and shall be held in trust accordingly I declare that my Trustees may cause any part or parts not exceeding in the whole a moiety of the expectant or presumptive or vested share or portion for the time being of any grand child of mine under this my Will and apply the same for his or her maintenance advancement or benefit as my Trustees shall think fit I authorise my Trustees to invest any monies forming part of the trust estate under this my Will which may at any time be in their hands and requiring investment in their names and at their discretion in or upon any of the public stocks funds or Government securities of the United Kingdom or India or any British Colony or Dependency or any foreign Government or State or in or upon freehold copyhold leasehold or chattel real securities in Great Britain or on charges registered under the Land Transfer Acts One thousand eight hundred and seventy five and One thousand eight hundred and ninety seven on freehold or leasehold hereditaments in England or on the security of any interest for a life or lives or determinable on a life or lives or any other event in real or personal immoveable or moveable property in the United Kingdom or India or in any British Colony or Dependency or abroad together with a policy or policies of Insurance on such life or lives or against such event or on the security of any real or immoveable property in India or in any British Colony or Dependency or in any foreign Country or in or upon the bonds debentures debenture stock mortgages obligations or securities on the guaranteed preference or ordinary stock or ordinary preferred or deferred stock of any Company or public municipal or local body or authority in the United Kingdom or India or any British Colony or Dependency or any foreign country In witness whereof I the said John Gilbert Frazer have to each sheet of this my contained in this and the two preceding sheets of paper set my hand this twenty eighth day of September One thousand eight hundred and ninety nine

Signed by the above mentioned Testator as his last Will in the presence of us present J G Frazer (sig) at the same time who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses
A E Guy Pritchard
Solicitor Birmingham
Walter J Collen Jones
Clerk with A E Guy Pritchard
Solicitor Birmingham

I John Gilbert Frazer of number122 Bordesley Green Small Heath in the County of Warwick Gentleman hereby declare this to be a Codicil to my Will which bears date the twenty eighth day of September One thousand eight hundred and ninety nine I hereby revoke the appointment of my Son John Benjamin Frazer as one of the Executors and Trustees of my Will And I revoke the legacy of twenty pounds and also the bequest of the share and interest of and in my residuary real and personal estate bequeathed by my said Will to the said John Benjamin Frazer now I hereby declare that such of the children of my said son John Benjamin Frazer as shall survive me and being male attain the age of twenty one years or being female attain that age or marry shall take as demands common in equal shares if more than one the one eighth share of and in my said residuary estate or the trust premises representing the same which the said John Benjamin Frazer would have taken under my said Will had such bequest not been revoked by this Codicil Provided that my Trustees shall first deduct from the total amount of the said share the sum of One hundred pounds being the amount owing to me by my said Son John Benjamin Frazer and shall hold the same sum upon trust to divide the same into eight equal shares such shares to follow the trusts declared in my said Will concerning the shares into which my residuary estate is divisible as altered by this Codicil as regards the share of my said Son John Benjamin Frazer And in all other respects I confirm my said Will In witness whereof I the said John Gilbert Frazer have hereunto set my hand this thirtieth day of August One thousand nine hundred

Signed by the above named Testator as a Codicil to his last Will in the presence of us present at the same time John Gilbert Frazer (sig) who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses
A E Guy Pritchard
Solicitor Birmingham
George W Hagen
Clerk to A E Guy Pritchard

I John Gilbert Frazer of No122 Bordesley Green Small Heath in the County of Warwick Gentleman hereby declare this to be a second Codicil to my Will which bears date the twenty eighth day of September One thousand eight hundred and ninety nine and the previous Codicil to which bears date the thirtieth day of August One thousand nine hundred Whereas by the said previous Codicil I directed my Trustees to deduct from the share of the children of my son John Benjamin Frazer of and in my residuary estate the sum of One hundred pounds the amount owing to me by my said Son John Frederick Benjamin Frazer Now I hereby direct my said Trustees to deduct from the said share of the children of my Son John Benjamin Frazer a further sum of Two hundred and twenty pounds owing by him to me (making with the said sum of One hundred pounds a total sum of Three hundred and twenty pounds to be deducted)and shall hold the said total sum of Three hundred and twenty pounds so deducted as aforesaid upon trust to divide the same into eight equal shares Such shares to follow the trusts declared in my said Will concerning the shares into (The next line has been struck out and is illegible) which my residuary estate is divisible as altered by this Codicil and the said previous Codicil as regards the share of my said Son John Benjamin Frazer And in all other respects I confirm my said Will and the said previous Codicil In witness whereof I the said John Gilbert Frazer have hereunto set my name this fifteenth day of May One thousand nine hundred and one

Signed by the above named Testator as a second Codicil To his last Will in the presence John Gilbert Frazer (sig) of us present at the same time who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses
A E Guy Pritchard Solicitor Birmingham
Walter J Collen Jones
Clerk with Mr A E Guy Pritchard

I John Gilbert Frazer of No122 Bordesley Green Small Heath in the County of Warwick Gentleman hereby declare this to be a third Codicil to my Will which bears date the twenty eighth day of September One thousand eight hundred and ninety nine and the first and second Codicils to which bear date respectively the thirtieth day of August One thousand nine hundred and the fifteenth day of May One thousand nine hundred and one Whereas by my said Will (whereof I appointed my daughter Mary Elizabeth Frazer my Son John Benjamin Frazer and my Son in law Joseph Astbury Executors and Trustees) after bequest of my household goods and effects I devised and bequeathed all the residue of my personal estate and effects (The next line has been struck out and is illegible) and all my real estate subject to payment of debts legacees and expenses as therein mentioned unto my said Trustees upon the trusts therein mentioned And whereas by the said first Codicil thereto (inter alia) I revoked the appointment of my said Son John Benjamin Frazer as such Executor and Trustee as aforesaid Now I hereby declare that my said daughter Mary Elizabeth Frazer shall notwithstanding her being a Trustee of my said Will have the option of purchasing my leasehold shops and dwelling houses Nos 120 and 122 Bordesley Green aforesaid at the price of One thousand pounds such option to be declared by her in writing within six calendar months after my death bit so that my Trustees other than my said daughter shall have power to extend the time so allowed in case they shall think it reasonable and I direct my Trustees on payment of the purchase money for the same to assure the said premises to my said daughter or as she shall direct Provided always that after the said premises shall have been so assured no person claiming under my said daughter shall be in any manner affected by any irregularity or want of compliance with the provisions hereinbefore contained respecting such option and in all other respects I confirm my said Will as altered by the said former Codicils thereto In witness whereof I the said John Gilbert Frazer have hereunto set my hand this twenty eighth day of August One thousand nine hundred and two

Signed by the above named Testator as a third Codicil to his last Will in the presence of us present at the John Gilbert Frazer (sig) same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Walter J Collen Jones
Clerk with A E Guy Pritchard
Solicitor 13 Temple Street Birmingham
Charles J Claws
37 York Road Handsworth
Solicitors Clerk

I John Gilbert Frazer of 122 Bordesley Green Small Heath in the City of Birmingham Gentleman hereby declare this to be a fourth Codicil to my Will which bears date the twenty eighth day of September One thousand eight hundred and ninety nine and the three previous Codicils to which bear date the thirtieth day of August One thousand nine hundred the fifteenth day of May One thousand nine hundred and one and the twenty eighth day of August One thousand nine hundred and two respectively Whereas under and by virtue of my said Will and Codicils my Son Ernest Gilbert Frazer is entitled to a share of my estate upon my decease Now I direct my trustees to stand possessed of any and every legacy share interest and benefit bequeathed or given to my said Son Ernest Gilbert Frazer by my said Will and Codicils or any or other of them upon trust to pay to my said Son Ernest Gilbert Frazer as to any other person or persons on his behalf or for his benefit or on behalf or for the benefit of the wife and children of the said Ernest Gilbert Frazer or any or either of them such sums on account of such legacy share interest and benefit weekly monthly quarterly or otherwise from time to time as they my said Trustees shall on their absolute and uncontrolled discretion thereto for with full power and authority to vary the amounts and periods of such payments in such manner as they may think advisable until the amount of the said legacy share interest and benefit bequeathed or given to the said Ernest Gilbert Frazer as aforesaid together with any interest which may be actually accrued in respect thereof (but after deducting any expenses connected with the payment thereof) shall be exhausted And of the said Ernest Gilbert Frazer shall die before the said legacy share interest and benefit shall have become exhausted as aforesaid then I direct my Trustees to stand possessed of the residue thereof upon trust to continue such payments in like manner and at such discretion as aforesaid to or for the benefit of the wife and children of my said Son Ernest Gilbert Frazer or any or either of them In all other respects I confirm my said Will and three Codicils In witness whereof I have hereunto set my hand this third day of July One thousand nine hundred and eight

Signed by the above named Testator as and for a fourth Codicil to his John Gilbert Frazer (sig)
Will and three previous Codicils thereto in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Winnie Healley
16 Victoria St Pawnbrokers Assistant
Rose Gooding
122 Bordesley Green Domestic Servant

32 fos   (folioes) On the 24th day of November 1910 Probate of this Will with four Codicils was granted at Birmingham to Mary Elizabeth Frazer Spinster and Joseph Astbury the Executors


Doug Vaugh, England 21 Jnuary 2000      Wills               Mail me Doug Vaugh