Cumberbatch Family History

George MARSHALL[1]

Male Cal 1794 - 1855  (61 years)


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  • Name George MARSHALL  [1, 2, 3, 4
    Born Cal 1794  Ward End House, Aston juxta Birmingham, Warwickshire, England Find all individuals with events at this location  [5
    Gender Male 
    Will dated 13 Mar 1852  Tillington, Stafford, Staffordshire, England Find all individuals with events at this location  [6
    • Role: Executor
    Occupation 8 Jan 1853  [4
    Gentleman & Owner of Hill Top Foundry 
    Will dated 8 Jan 1853  Ward End House, Aston juxta Birmingham, Warwickshire, England Find all individuals with events at this location  [4
    Residence 25 Feb 1855  Ward End House, Aston juxta Birmingham, Warwickshire, England Find all individuals with events at this location  [4, 5
    Died 25 Feb 1855  Ward End House, Aston juxta Birmingham, Warwickshire, England Find all individuals with events at this location  [3, 4, 5
    Age: 60y 
    Buried 2 Mar 1855  Parish Church of St Peter and St Paul, Aston, Birmingham, Warwickshire, England Find all individuals with events at this location  [5
    Age: 60y 
    Burial George Marshall 2 Mar 1855
    Burial George Marshall 2 Mar 1855
    Media Date: 2 MAR 1855
    Keywords: Picture
    Probate 5 Sep 1855  Prerogative Court of Canterbury, London, England Find all individuals with events at this location  [4
    Custom Reference Number 0000222 
    Person ID I222  Cumberbatch
    Last Modified 25 Apr 2015 

    Family Eliza Henshaw COMBERBACH,   b. Est Dec 1799, Eccleshall, Staffordshire, England Find all individuals with events at this location,   d. 20 Jul 1883, Ward End House, Aston juxta Birmingham, Warwickshire, England Find all individuals with events at this location  (Age 83 years)  [1
    Married 24 Jul 1834  Aston Juxta Birmingham, Warwickshire, England Find all individuals with events at this location  [7
    Children 
     1. George William MARSHALL,   b. 19 Apr 1839, Ward End House, Birmingham, Warwickshire, England Find all individuals with events at this location,   d. 12 Sep 1905, Holmbush, Barnes, Hammersmith, London, England Find all individuals with events at this location  (Age 66 years)
    Last Modified 1 Jan 2013 
    Family ID F79  Group Sheet  |  Family Chart

  • Event Map
    Link to Google MapsBorn - Cal 1794 - Ward End House, Aston juxta Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsMarried - 24 Jul 1834 - Aston Juxta Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsWill dated - 13 Mar 1852 - Tillington, Stafford, Staffordshire, England Link to Google Earth
    Link to Google MapsWill dated - 8 Jan 1853 - Ward End House, Aston juxta Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsResidence - 25 Feb 1855 - Ward End House, Aston juxta Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsDied - Age: 60y - 25 Feb 1855 - Ward End House, Aston juxta Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsBuried - Age: 60y - 2 Mar 1855 - Parish Church of St Peter and St Paul, Aston, Birmingham, Warwickshire, England Link to Google Earth
    Link to Google MapsProbate - 5 Sep 1855 - Prerogative Court of Canterbury, London, England Link to Google Earth
     = Link to Google Earth 

  • Notes 
    • PROB 11/2219 Dated: 8th January 1853, Codicil dated: 24 Feb 1855, Proved: 5th September 1855
      Will of George Marshall
      This is the last Will and Testament of me George Marshall of Ward End in the Parish of Aston near Birmingham in the County of Warwick Gentleman I bequeath to my friend Roger Williams Gem the younger of Birmingham aforesaid Attorney at Law one of the Trustees of this my Will the sum of fifty pounds sterling and to Charles James Hartley of Birmingham aforesaid Accountant another of the Trustees of this my Will the sum of fifty pounds sterling desiring that the said legacies may be accepted by them as some acknowledgement for the trouble they may be put to in the execution of the trusts hereby in them reposed I bequeath to my dear wife Eliza Henshaw Marshall as and for her own absolute property All my household goods and effects of any description furniture plate china watches jewels trinkets pictures carriages horses farming stock implements of husbandry wine and other consumable stores and all other specific chattels belonging to me at time of my decease, except money and securities for money and books of account and except muniments of title fixtures and other things which may relate to my property hereby devised or bequeathed to my trustees in trust or to my hereditaments and premises situate at Hill Top1 forming part of [p2] my trade estate hereinafter mentioned and every other chattel relating to my trade estate And in case there shall be any doubt or question whether any specific articles do or do not pass under the bequest herein before contained then the same shall be irrevocably settled by my said trustees hereinbefore named or other the trustees or trustee for the time being of this my Will who may be appointed in their or either of their stead I devise to my said Wife and her heirs absolutely all my estate right and interest whatsoever of and in All that freehold house and gardens thereto belonging situate at Eccleshall in the County of Stafford immediately at the back of and adjoining to a freehold messuage called the Royal Oak Inn And also all my estate right and interest whatsoever whether vested in me absolutely or as mortgage only of and in the said Royal Oak Inn and the premises thereto belonging and of and in the land let therewith containing about nine acres And also of and in the freehold house malthouse and garden adjoining to the said Royal Oak a share of which I obtained by purchase from William Dunn and Thomas Henshaw Cumberbach and to another share whereof I am entitled in right of my said wife who derives the same under the Will of her grandfather the late Joseph Henshaw deceased And all other my hereditaments in Eccleshall aforesaid And I bequeath to my said Wife absolutely the principal sum of four hundred pounds [£400] and the interest which may be due on the said principal sum at the time of my decease secured to me by way of mortgage of certain undivided shares and interests of and in the said messuage called the Royal Oak and of and in the land thereto belonging and of and in the said house malthouse gardens and premises I give and appoint the said Roger Williams Gem and Charles James Hartley their heirs and assigns All that my freehold piece of land situate at Little Bromwich in the Parish of Aston aforesaid called Bakers Close containing about three acres one rood and five perches which I purchased of Isaac Spooner Esquire and The Reverend William Spooner and also those two several pieces of freehold land adjoining to Bakers Close aforesaid containing together about five acres more or less and which I purchased of Samuel Hobday the younger and others one of which last mentioned pieces of land from the taking down of the fence has been thrown into and now forms part of Bakers Close And also all that my capital messuage or dwellinghouse at Ward End aforesaid in which I now reside and the land containing about forty acres or thereabouts including the site of the said messuage and other the hereditaments situate at Ward End aforesaid which I purchased of Mary Johnson And also all barns gardens and appurtenances to the said capital messuage belonging And also all that small piece of land containing one acre or thereabouts which I purchased of Charles Reeves situate at Ward End aforesaid and which adjoined to land belonging to John Hibbert and to other land belonging to me which I purchased from the trustees of the late John Briscoe a part of which said land purchased from the said Charles Reeves owing to an alteration in the turnpike road now forms part of the land occupied in front of my said dwellinghouse a further part being the present turnpike road there and for which I received the old turnpike road in exchange from the trustees of the said Road And also all that piece of freehold land called the Slingey Piece or Quinon[?] Piece situate at Ward End aforesaid containing about seven acres three roods and thirty seven perches or therebaouts which I purchased by public auction from the Trustees of the marriage settlement of the Earl of Bradford And also all that freehold dwellinghouse and three cottages near thereto together with the barns gardens and premises thereunto belonging And also all those two several pieces of land containing together about four acres or thereabouts situate at Ward End and Little Bromwich aforesaid which said [p3] dwellinghouse cottages and lands I purchased from Matthew Mills and Robert Dolpain And also all that freehold estate situate at Ward End aforesaid consisting of two dwelinghouses barn stable malthouse and other outbuildings (but which said malthouse is now taken down) and containing in the whole about twenty one acres more or less which I purchased from the trustees of the late John Briscoe And also all that piece of freehold land situate at Ward End aforesaid which I purchased from William Smith containing about two thousand and sixty two square yards and all my other real estate of what nature or kind soever excepting my hereditaments at Eccleshall hereinbefore devised to my said Wife and excepting the hereditaments hereinafter mentioned and separately devised known as the Hill Top Foundry To hold unto and to the use of the said Roger Williams Gem and Charles James Hartley their heirs and assigns (intending hereby to vest in my said trustees the whole legal fee Upon trust to permit and suffer my said Wife to occupy possess and enjoy the same hereditaments or receive and take rents and profits thereof until she die or until the absolute devise to her in the hereinafter mentioned shall take effect whichever shall first happen And from and after her decease I devise all and singular the messuages trusts and hereditaments and real estate hereinbefore devised to the said Roger Williams Gem and Charles James Hartley in trust as aforesaid unto my son George William Marshall his heirs and assigns for ever provided my said son shall be living at the time of the decease of my said Wife but in the event of the death of my said son in his mother's lifetime before attaining the age of twenty one years then immediately upon the death of my said son under that age I devise all and singular the same messuage lands hereditaments and real estates unto my said Wife her heirs and assigns for ever but in the event of the death of my said son in his mother's lifetime after attaining the age of twenty one years then the same messuages lands hereditaments and real estate after the death of his said mother unto such uses and for such estates intents and purposes and for the benefit of such person or persons and altogether in such manner as my said son shall after attaining the age of twenty one years by any deed or deeds writing or writings with or without power of reversion and new appointment to be by him sealed and delivered in the presence of a witness or witnesses or by his last Will and Testament or any Codicil hereto direct limit or appoint the same And in default of such direction limitation or appointment and in case any such shall be made which shall not extend to the whole of the said messuages lands hereditaments and real estate or the whole interest therein then I devise the same or so much thereof as shall be left unappointed unto my said Wife her heirs and assigns absolutely Provided always And I do hereby declare that it shall be lawful for the said Roger Williams Gem and Charles James Hartley and the survivor of them his executors or administrators and their and any of their or his assigns (all and every of whom are comprehended in the terms hereafter used of my said trustees and trustee "or my said trustees or trustee" unless by the context it shall otherwise appear) but with the consent in writing of my said wife during her life and afterwards at their or his absolute discretion until some person or persons of full age shall become absolutely entitled to the fee simple and inheritance of the entirety of the same hereditaments and premises to demise or lease any part or parts of the hereditaments and premises hereinbefore devised to the said Roger Williams Gem and Charles James Hartley to any person or persons for any term or number of years either in possession or reversion and upon any terms so as upon every such last mentioned lease there be reserved the best and most improved [p4] yearly rent or rents that can be reasonably had or obtained for the same with or without taking any fine or premium and so as the lessees be not made dispremishable[?] of or for waste by any express words therein contained And so as in every such lease there be contained condition of reentry for nonpayment of the rent or rents to be thereby respectively reserved and so as the respective lessees only seal and deliver counterparts thereof respectively and any such lease as aforesaid may be for the purpose of effectually repairing the premises so to be demised or leased or for the purpose of rebuilding or of erecting new buildings upon the premises which shall be so leased or any part thereof with liberty to take or pull down any erection or building then standing or being upon the premises so to be demised or leased for the purpose of rebuilding as aforesaid or any part thereof and to make use of the materials and also liberty to lay out and appropriate any part or parts of the ground which shall be thereby demised as or for a yard or garden or for any other convenience to be held occupied or enjoyed with any such building or for any streets alleys squares or ways or for any other building purposes And also from time to time and in like manner to demise or grant new leases for rebuilding or repairing the premises or any part thereof and for any of the purposes aforesaid to accept a surrender of any existing lease or interest upon any terms including the payment or receipt of money which my said trustees or trustee may deem expedient and in any such building lease as aforesaid if it shall be deemed expedient a nominal rent may be reserved during the first year or years of the said term in the usual manner of building leases and every fine and premium which may be received on the grant of any such demise or lease as aforesaid shall be held upon the same trusts as are hereinafter declared concerning the monies which would arise from the sale of the hereditaments and premises so demised or leased under the power in that behalf hereinafter contained in case the same were sold Provided always And I do hereby further declare that it shall be lawful for my said trustees and trustee at any time or times but with the consent in writing of my said Wife during her life and afterwards at their or his absolute discretion as aforesaid absolutely to make sale and dispose of or to give in exchange for any other freehold hereditaments to be situate in that part of Great Britain called England the aforesaid hereditaments and premises hereinbefore devised to the said Roger Williams Gem and Charles James Hartley as aforesaid or any of them or any part thereof to any person or persons whomsoever and for such price or prices in money and for such equivalent in lands or hereditaments as to them my said trustees or trustee shall seem meet And that upon payment of the monies arising by sale of all or any part or parts of the said hereditaments hereby made saleable as aforesaid the receipt or receipts of them my said trustees or trustee shall from time to time be a good and sufficient release and discharge to the purchaser or purchasers for the money for which the same hereditaments shall be sold or for so much thereof as such receipt or receipts shall be expressed or acknowledged to be received And that after such receipt shall be given such purchaser or purchasers or his her or their heirs executors administrators or assigns shall not be obliged to see to the application or be answerable or accountable for any loss misapplication or nonapplication of the same purchase money or any part thereof And that in order to such sale disposition or exchange it shall be lawful for my said trustees and trustee with such consent or at such absolute discretion as aforesaid to convey and assure the said hereditaments which may be so sold disposed of or given in exchange as aforesaid either to such purchaser or purchasers or to the person or persons making such exchange or exchanges and his her or their heirs or assigns or otherwise as shall be requisite or shall be deemed expedient for the [p5] purpose of carrying into full and complete affect such sale disposition or exchange as aforesaid freed and discharged from all and singular the uses trusts limitations provisoes agreements and declarations in and by this my Will declared concerning the same subject and prejudice nevertheless to such demises or leases as shall have been made in pursuance of the power in that behalf contained Provided also And I do hereby further declare that when all or any part of the said hereditaments hereby made saleable as aforesaid shall be sold in pursuance of this my Will all and every the sum or sums of money which shall arise by such sale or sales shall with all convenient speed be laid out and invested by my said trustees or trustee with such consent or of such authority as aforesaid in the purchase of other freehold messuages lands or hereditaments and of copyhold messuages lands or hereditaments which may be contiguous thereto and be convenient to be purchased therewith in fee simple in possession free from incumbrances except fee farm or quit rents and copyhold rents and services to be situate lying and being in that part of Great Britain called England And that as well the messuages lands and hereditaments so to be purchased as those to be taken in exchange as aforesaid shall be forthwith settled conveyed and assured to such and the same uses upon and for such and the same trusts ends intents and purposes and under and subject to such and the same provisoes declarations and agreements (including the power of sale and exchange hereinbefore contained as are in and by this Will limited and declared concerning the hereditaments in lieu whereof such purchases and exchanges shall be respectively made as aforesaid or as near thereto as the deaths of parties or other contingencies will ascent of nevertheless I do hereby declare that any such sale may be made as aforesaid without such purchase of other messuages lands or Accreditaments being immediately contemplated And I so hereby declare that in the meantime and until the monies arising by such sale or sales as aforesaid shall be invested in a purchase or purchases as hereinbefore directed it shall be lawful for my said trustees and trustee with such consent of such authority as aforesaid as the case may require to lay out and invest such monies in their or his names or name in or upon the parliamentary stocks or funds of Great Britain or real or leasehold securities in England or Wales at interest or on the security of any debentures of any railway banking insurance commercial or other Company incorporated by Act of Parliament or any Charter or under any joint Stock Act or in the purchase of any shares in any such Company and from time to time with such consent of such authority as aforesaid to sell dispose of alter vary and change such securities or any of them and those which may be substituted in lieu thereof for others of the same or the like nature as often as shall be thought expedient and the dividends interest or amount produce of such securities shall from time to time go and be paid and applied to such person or persons and for such intents and purposes and in such manner as the rents and profits of the messuages lands and hereditaments so to be purchased and settled as aforesaid would have gone and been payable and applicable unto if such purchase or purchases and settlement had been then actually made And as to all the residue (if any) of my real estate and all the residue of my personal estate of which I may be seized or possessed or over which I may have any power of appointment at the time of my decease (Except my messuages tenements buildings shopping lands wharfages and hereditaments whether of freehold or of any other nature situate at Hill Top in the Parish of Westbromich in the County of Stafford known as the Hill Top Foundry but of which I am solely seized or possessed and also except the capital stock fixtures and plant in trade debts owing to the same and every other matter and thing (other [p6] than ready money and money at my bankers) relating to the same foundry and the trade carried on by me there at the time of my decease all which are hereinafter especially devised and bequeathed and all which are comprised in the term hereinafter used of my trade estate unless by the context it shall otherwise appear I devise and bequeath the same unto and to the use of the said Roger Williams Gem and Charles James Hartley their heirs and executors administrators and assigns according to the nature and tenures thereof respectively Upon trust that my said trustees and trustee do and shall with all convenient speed sell and convert into money all such parts thereof as are in their nature saleable and do collect and get it all other my residuary estate except as aforesaid (except my monies which may be in the hands of my bankers and my ready money at the time of my deceased with power for my said trustees or trustee to make such disposition of my said residuary estate as aforesaid either together or in parcels and by public auction or private contract and at one time or at several times unto any person or persons whatsoever for such price or prices and under and subject to such specific or other conditions and stipulations as to the title or custody of the muniments of title payment of purchase money or otherwise as my said trustees or trustee shall think proper or expedient And with power to vary in the said premises or any part thereof at any such auction as aforesaid and to relinquish or rescind any contract for the sale thereof and afterwards to sell the same in manner aforesaid and with all the original powers and directions and to modify or vary any such contract as aforesaid including the abatement of the money for which the said premises or any part thereof may have been sold or contracted to be sold for any cause which may be thought by my said trustees or trustee to require such abatement and in all respects to act as if the said premises sold were the absolute property of the vendors or vendor And to enter into and execute all such contracts conveyances assignments and assurances whatsoever as shall be requisite or deemed expedient to effectuate and complete such sale or sales all which contracts conveyances assignments and assurances shall be effectual to all intents and purposes whatsoever And upon trust to collect and get in all other part of my said estate (except as aforesaid) and my said trustees and trustee shall stand possessed of the net monies to arise from such sale as aforesaid and of the said monies to be collected and got in as aforesaid and of my ready money and money at my bankers Upon trust thereout in the first place to pay all just debts funeral and testamentary expences (other than mortgages upon my said trade estate or any part thereof or debts owing by me in respect of the same trade estate all which are to be paid and borne as hereinafter mentioned and the legacies given by this my will and then to lay out and invest the net residue thereof in the stocks funds and securities of the nature of those hereinbefore mentioned or on the security of the purchase of freehold or copyhold or leasehold hereditaments and premises and in the event of any such purchase then my said trustees and trustee shall have the same powers of demising and leasing selling and exchanging the said hereditaments and premises which maybe so purchased as aforesaid as are hereinbefore given with respect to the hereditaments and premises hereinbefore devised to my said trustees nevertheless I do hereby declare that all such hereditaments and premises as may be so purchased as aforesaid shall be of the nature of personal estate and transmissible accordingly And my said trustees and trustee shall from time to time otherwise have a power to sell dispose of alter and change such securities or any of them and those which may be substituted in lieu thereof for others of the same or like nature as often as it shall be thought expedient [p7] And I hereby declare that my said trustees or trustee shall stand possessed of the said trust monies stocks funds and securities Upon trust for my said Wife and my said son and as he may appoint and altogether in such manner as is hereinbefore directed with regard to the hereditaments and premises hereinbefore devised to my said trustees regard being had to the different natures and tenures thereof And as to for and concerning my messuages tenements buildings shopping land wharfages and hereditaments whether of freehold or of any other tenure situate at Hill Top in the Parish of Westbromwich in the County of Stafford aforesaid known as the Hill Top Foundry but of which I am solely seized or possessed as aforesaid And also all the capital stock fixture and plant in trade and trade debts owing to me at the time of my decease in respect of my trade or business carried on there and ^every other matter and thing relating to the same foundry and the trade or business which may be carried in there at^ the time of my decease and all which and all that may be substituted or received in respect thereof including all new debts accruing in respect of the said trade or business are comprised in the term hereinafter used “My Trade Estate” unless by the context it shall otherwise appear I devise and bequeath the same unto my said Wife her heirs executors administrators and assigns according to the different natures and tenures thereof Upon the trusts hereafter declared concerning the same And in case there shall be any doubt or question whether any specific articles do or do not pass under the bequest lastly hereinbefore contained then the same shall be irrevocably settled by my said trustees or trustee And I do hereby declare that my said Wife shall at the capture of my said trade estate immediately after my decease cause an inventory and valuation to be made of all the capital stock fixtures and plant in trade and lists of all debts owing to and from me in respect of the same trade estate and shall cause two copies of such inventory valuation and lists to be made one to be retained by my said Wife and the other to be retained by my said trustees or trustee And I do hereby declare that my said wife her heirs executors administrators and assigns shall stand possessed of my said Trade Estate Upon trust until my said son shall attain the age of twenty five years2 or depart this life whichever shall first happen carry on my said trade and business for which purpose she may from time to time employ the capital employed therein at the time of my decease and also such part of the net monies arising from the sale of my residuary real and personal estate and the stocks funds and securities in which the same or any part thereof may from time to time be invested as and by way of additional capital as my said wife shall in her absolute and uncontrollable discretion think fit And I do hereby declare that it shall be lawful for my said wife if she shall think so fit from time to time to hire and employ any one or more person or persons (including or not including my said son) at competent salary or salaries (the amount thereof to be in the absolute discretion of my said Wife) to conduct and carry on my said trade or business whilst the same shall be conducted and carried on by her under the trusts of this my Will And I do hereby give my Wife the fullest power authority and discretion as to the extent of capital to be employed in and the mode and manner of carrying on the same trade or business including the power of withdrawing any capital which may at any time be employed therein and in which case the capital so withdrawn shall be held upon the trusts hereinafter declared concerning the monies to arise from the sale of my said trade estate with this exception that the capital so withdrawn may again be employed in my said trade or business and so on toties quoties And I do hereby declare that the taxes in respect of the said premises and the expences of repairing the same and insuring the sane and the effects therein from fire [p8] salaries and wages for Assistants Clerks and servants and all other outgoings in respect of the said trade or business shall be paid out of my said trade or business which may be so carried on as aforesaid and all debts owing by me at the time of my decease in respect of my said trade estate and all mortgages upon any part of the property comprising my said trade estate shall be borne and paid by and out of my said trade estate And I do hereby declare that my said Wife may from time to time but in her absolute and uncontrollable discretion invest in her name in the stocks funds and securities aforesaid such part of the monies forming part of my said trade estate as she may think fit either by way of temporary investment or otherwise and otherwise act in respect of my said trade state as my said wife from time to time think fit being that my said wife may in the management and carry on of my said trade estate exercise the fullest and amplest powers and discretions And I do hereby declare that when and so soon as my said son shall attain his age of twenty five years then my said Wife shall convey assign and transfer unto my said son my son’s trade estate for his own use and benefit absolutely (all debts incurred by my said Wife in respect of my said estate being provided for) upon my said son executing unto my said wife a bond for the payment to her during the remainder of her natural life of one annuity or yearly sum equal to one third of the average profits of the said trade or business for the two years immediately preceding the day my said son shall attain his age of twenty five years (such average profits to be ascertained by my said trustees or trustee with the assistance of any experience accountant whom they or he may think fit to employ) and such annuity shall be paid by two equal half yearly payments in each year the first to be made at the expiration of six calendar months next after my said son shall attain his age of twenty five years and a proportionate part of any current half year shall be paid to the executors administrators or assigns of my said Wife should she die in any current half year the payment of such annuity to be secured by a mortgage of the said Trade Estate so to be conveyed assigned and transferred unto my said son aforesaid such mortgage to be in such form and containing all such powers including a power of sale provisos declarations and agreements as my said Wife or her Counsel may advise and require the costs of and incidental to such conveyance assignment and transfer bond and mortgage to be borne by my said son Provided always And I so hereby declare that the net profits arising from my said trade estate shall be received by my said Wife for her own benefit until my said son shall attain his age of twenty one years and thereforth until he shall attain the age of twenty five years and my said wife shall be entitled to one third of such profits and my said son shall be entitled to the remaining two thirds of such profits Provided always And I do hereby declare that in case my son shall not execute such bond and give such mortgage as aforesaid within one calendar month next after such average profits shall be ascertained as aforesaid then my said Wife shall have the discretionary power to sell collect and get in my said Trade Estate and in that case shall stand possessed of the net monies arising therefrom upon the same trusts as are hereinbefore declared concerning the net monies to arise from my residuary real and personal estate except as aforesaid Provided always And I do hereby declare that if my said son shall die in the lifetime of my said wife under the age of twenty one years then my said trade estate shall (subject to the debts aforesaid) belong to and be the property of my said wife absolutely But if my said son shall die in the lifetime of my [p9] said Wife after having attained the age of twenty one years but before attaining the age of twenty five years then my said wife shall sell collect and get in my said trade estate and invest the net monies arising therefrom in the names of my said trustees and trustee in the stocks funds and securities (with power to vary the same as aforesaid) who shall stand possessed thereof Upon trust for my said wife and as my said son shall appoint and altogether in such manner as is hereinbefore directed with regards to the hereditaments and premises hereinbefore devised to my trustees regard being had to the different natures and tenures thereof Provided always And I do hereby declare that it shall be lawful for my said Wife at any time after my decease and before my said son shall attain the age of twenty five years and at her absolute and uncontrollable discretion to sell convert and get in my said trade estate with all the powers and discretions hereinbefore contained with regard to my residuary real and personal estate and my said Wife shall stand possessed of the net monies arising from such sale Upon trust to invest the same in the names or name of my said trustees or trustee in the stocks funds and securities aforesaid with power to vary as aforesaid who shall stand possessed thereof upon the same trusts as are herein declared concerning my said trade estate and the net monies arising therefrom but so that if my said son shall attain his age of twenty one years then my said wife shall be entitled to the current income arising from the stocks funds and securities in which one third part of the same net monies may be invested for and during the term of her natural life and subject to this my said son shall be entitled to the same net monies and the stocks funds and securities in which the same may be invested for his own use and benefit Provided always And I do hereby declare that if my said Wife shall die in the lifetime of my said son either before or after my said son shall attain the age of twenty one years but before my said trade estate shall be conveyed assigned and transferred unto my said son or shall have been sold collected and got in under the trust or herein power hereinbefore respectively declared and contained then the same trade estate shall be conveyed assigned and transferred to my said trustees and trustee who shall stand possessed thereof upon the same trusts and with the same powers and discretions as the same would have been held by my said Wife had she continued living or as near thereto as her death will permit Provided always And I do hereby declare that any sale by Private contract of my said trade estate under the powers hereinbefore contained may be to my said son if he shall be living and have attained his age of twenty one years but this power to sell to my said son is not to fetter the discretion of my said Wife or my said trustees or trustee to sell in any way and to whom she they or he may think fit Nevertheless my said son must exercise the option within one calendar month after it has been offered to him and my said son may purchase my said trade estate or any part thereof at any sale by public auction if such sale shall be made after he should attain the age of twenty one years Provided always And I do hereby declare that my said Wife shall out of the annual income of the hereditaments and premises hereinbefore devised to my said trustees or trustee for the benefit of my said Wife and son as aforesaid and out of the net profits of my said trade estate or of the annual income of the net monies arising therefrom board lodge clothe and maintain and educate my said son until he shall attain his age of twenty one years in a manner suitable to his station Provided also that in case my said Wife shall die before my said son shall attain the age of twenty one years then it shall be lawful for my said trustees to apply the whole or any part of the annual income of the property towards my said son [p10] will in that event become entitled in or towards his board and lodging clothing and maintenance and education in such manner as my said trustees or trustee in their or his absolute and uncontrollable discretion shall think fit and the unapplied part shall be improved at interest as an accumulating fund and follow the destination of the property from which it shall have arisen But I do hereby declare that as well the principal as the income of such accumulated fund shall be and remain applicable (at the absolute and uncontrollable discretion of my said trustees or trustee notwithstanding the investment thereof) to the maintenance education and support of my said son Provided always And I ^do^ hereby declare that it shall be lawful for my said wife and after her deceases for my said trustees and trustee at any time or times after my decease to levy and raise by mortgage or sale of any of the hereditaments and premises hereinbefore devised to my said trustees for the benefit of my said Wife and son of my trade estate or any part thereof for the advancement or preferment in the world of my said son any sum or sums of money not exceeding in the whole the sum of one thousand pounds [£1000] and to pay and apply the money which may be so raised as aforesaid for the placing out advancement or preferment or benefit of my said son as my said wife or after her decease my said trustees or trustee shall in her their or his absolute uncontrollable discretion think fit and such mortgage may be in such form and contain all such powers (including a power of sale provisos declarations and agreements as may be required and in such mortgage or sale my said trustees or trustee shall concur as may be required And I do declare that the receipt or receipts in writing of my said Wife or after her decease of my said trustees or trustee for the money which may be so raised as aforesaid shall effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication or nonapplication or be in anywise bound or concerned to see the application of the money therein expressed or acknowledged to have been received Provided always And I do hereby declare that it shall be lawful for my said trustees or trustee as to the hereditaments and premises hereinbefore devised to them for the benefit of my said Wife and son as aforesaid to allow any mortgage or mortgages or charge or charges which may be on the last mentioned hereditaments and premises or any part thereof at the time of my decease to continue thereon or they or he may pay the same off by and out of my monies which they or he may have available for that purpose or they or he may sell the hereditaments and premises so mortgaged as aforesaid (such sale to be made with all the powers and discretions aforesaid) in order to pay and satisfy the same mortgage and mortgages or any part thereof or they or he may in the event of any such mortgage being required to be paid off effect a transfer of any such existing mortgage or effect a new mortgage upon the same term or terms varied from the existing mortgage but so nevertheless that every such sale transfer or new mortgage be made with the consent in writing of my said Wife and it shall be obligatory on my said trustees or trustee to pay off any such mortgage as aforesaid as by the ways and means aforesaid if my said wife should at any time by any writing under her hand require the same to be paid off Provided also And I do hereby declare that as regards my said trade estate it shall be lawful for my said wife and if she die before my said son attain the age of twenty five years then for my said trustees and trustee to allow any mortgage ^mortgages^ or charge or charges which may be on my said trade estate or any part thereof at the time of my decease to continue thereon or ^she^ they or he may pay off by any ways or means similar to those mentioned in the proviso lastly hereinbefore contained but out of my said trade estate any such mortgage or mortgages as she they or he [p11] may effect a transfer of any such existing mortgage or effect a mortgage upon the same term or terms varied from the existing mortgage Provided always And I do hereby declare that my said wife and if she shall die before my said son shall attain the age of twenty five years then my said trustees or trustee shall cause to be kept proper books of account of my said trade estate if and so long as the same shall be carried on so that the true state of the same estate may at all times be accurately known and to this end the said books on every thirty first day of December after my decease or as soon after as may be shall be audited and made up by some experienced accountant to be from time to time appointed by my said trustees or trustee who shall from time to time report the result of such audit to my said wife and my said trustees and trustee respectively and to all which books of account and all and every part of my said trade estate my said trustees or trustee may as well during the lifetime of my said Wife as after have free access and to do or cause to be done all such acts matters and things as may be deemed expedient for the purpose of informing themselves and himself of the true state of my said Trade Estate And I do hereby declare and notwithstanding any thing hereinbefore contained to the contrary that if during the lifetime of my said wife and before my said son shall attain his age of twenty five years it shall be certified to my said trustees or trustee by any such accountant as aforesaid that the said trade estate is a failing estate and ought to be sold collected and got in then it shall be lawful for (but not obligatory on) my said trustees or trustee at their or his absolute and uncontrollable discretion by some notice in writing under their or his hand or hands to require my said Wife to sell collect and get in my said trade estate and she shall sell collect and get in the same accordingly in the manner hereinbefore directed Provided always And I do hereby declare that the provision I have by this my Will made for my said Wife is in lieu of dower and thirds at common law and of freebench and of every other customary right in or to or out of any lands hereditaments and premises of which I may die seized Provided always And I declare that if the said Roger Williams Gem and Charles James Hartley or either of them shall die in my lifetime or shall refuse to accept the trusts of this my Will the other of them surviving me and accepting such trusts and if neither of them shall survive me and accept the same then my said Wife if living but if dead then my personal representatives for the time being or either or any of them may and shall appoint within six calendar months next after proof of this my Will a fit person or fit persons to supply the vacancy or vacancies occasioned by such death or refusal And I further declare that so often as the said Roger Williams Gem and Charles James Hartley or either of them or any trustees or trustee to be appointed under this power or the preceding power shall die or desire to be discharged or become unable to act then the trustees or the trustee for the time being competent to act (whether about to retire or not) or if there shall be no trustee then my said Wife if living and if dead then my personal representatives for the time being any or either of them may and shall appoint a fit person or fit persons to succeed to the office of the retiring or incapacitated trustee or trustees my intention being that there shall always be two trustees acting in the trusts of this my Will And I declare that by force of every such appointment as aforesaid all the authorities and powers given or expressed to be given to the deceased refusing incapacitated or discharged trustee shall be conferred upon the appointed trustee or trustees in whom jointly with the surviving or continuing trustee or trustees or alone should such a case arise every trust and property shall vest or by proper assurances be vested and on every appointment under the first of the two preceding powers the appointed trustee [p12] or trustees shall be considered as coming under this my Will in the same manner as if he or they had been therein named instead of the deceased or refusing trustee or trustees And I empower my executors and executrix hereinafter named or any of them to pay any debts owing by me or claimed as one from me upon any evidence which they or he or she shall think sufficient and also to allow such time and accept such security real or personal (or without the acceptance of any such security for the payment of any debt or debts owing to me and also compromise or compound any debt or debts owing to me whether the debts so compromised or compounded shall be secured or not as to them or him or her shall seem expedient And I also empower my said executors and executrix and my said trustees or trustee and also my said wife with reference to my said trade estate to refer to arbitration adjust settle or compromise any question or dispute that may happen to arise with any person or persons whomsoever concerning any accounts or transactions whatsoever And upon the settlement or winding up of any of my accounts or transactions I hereby empower my said executors executrix trustees or trustee and also my said wife with reference to my trade estate if they he or she shall think proper to give and execute to any accounting or responsible party or parties full and complete releases and discharges from all claims and demands whatsoever whether according to the general rule of equity the giving of such receipts and discharges shall be strictly within the scope of their authority or not And I also empower my said trustees and trustee and also my said wife with regard to my said trade estate in the sale and conversion of my trust estate and also in the conduct and management thereof to give credit and either with or without security and otherwise generally to all therein as they or he or she may think proper Provided always And I hereby declare that every receipt of my said trustees and trustee respectively and also of my said wife as regards my said trade estate to any and every purchaser or other person paying then or him or her any money under or by virtues of this my Will on any account whatsoever shall be a good and sufficient discharge for so much money as in such receipt shall be respectively acknowledged to be received without the responsibility in the person or persons paying the same of seeing to the application thereof or being answerable or accountable for the misapplication of the same Provided also that the said trustees or trustee and every of them and my said Wife and their respective heirs executors or administrators shall be chargeable only for such moneys as they shall respectively actually receive by virtue of this my Will and shall not be answerable the one for the others or any other of them but each of them only for his her or their own acts receipts neglects or defaults respectively their joining in any receipt or receipts or doing any other act or acts for the sake of conformity notwithstanding And that they respectively shall not be answerable for any loss which may arise either from bringing in the premises hereinbefore directed or authorized to be sold by them or any part thereof at any public sale or auction thereof or rescinding or modifying on any terms including any abatement of the purchase money or not enforcing any contract for any sale thereof and afterwards and selling the same at a loss price than was offered at any such sale or auction or by private contract or for otherwise acting in regard to any such sale or from the defectiveness in title or insufficiency in value of any property in or upon which any of the aforesaid trust monies may be laid out or invested nor not for not calling in any security in or upon which any of the trust monies may be invested nor for any banker broker or other person or cotrustee to or with whom any trust money may be paid or deposited for safe custody or otherwise or through whose [p13] hands the same may pass in the execution of or in the endeavor to execute the trusts hereinbefore contained or in whom any confidence may be in carrying on or in the endeavor to carry on the same trusts And especially I hereby declare it my Will and in ensuring that in case and so often as any trustee for the time being of this my Will shall pay over or cause or permit any trustee to recover any sum or sums of money in order and to the intent that the same may be applied by such cotrustee for the purposes of this my will it shall not be incumbent on the trustee making such payment or causing or permitting such receipt to see or enquire into the application of the said monies or to ascertain the truth or accuracy of any representation made by his cotrustee concerning the same nor shall the trustee who shall make default in any of the particulars aforesaid be responsible for any loss which shall arise to the said trust by reason thereof any rule of equity to the contrary notwithstanding Nevertheless I declare that this exemption from legal responsibility shall not abridge or affect the right of any trustee to enquire into the transactions of his cotrustee or cotrustees And I feel convinced it will not abate the friendly circumspection of my trustees nor shall my said trustees or trustee be answerable for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in the endeavour to execute the same trusts or in relation thereto unless the same shall happen by or through his or their own gross and wilful misconduct And that they and he and also my said Wife shall be allowed and may retain to and reimburse themselves and himself or herself out of the said trust fund and premises all their or his or her costs charges damages and expences occasioned by the execution or the endeavor to execute the trusts of this my Will or in anywise in relation or incidental thereto And my said trustees and trustee shall and may also settle and adjust the account of any trustees or trustee who shall die or desire to be discharged from or become unable to act in the trusts aforesaid And also to give and receive receipts and which shall be good and sufficient discharges for the money which shall happen to be the balance of the same account And I appoint the said Roger Williams Gem and Charles James Hartley and my said Wife Executors and Executrix of this my Will and appoint my said Wife and in the event of her decease my said trustees or trustee Guardian and Guardians of my said son until he shall attain the age of twenty one years And I do hereby revoke all other testamentary writings In witness whereof I have hereunto set my hand this eighth day of January in the year of our Lord one thousand eight hundred and fifty three [8 Jan 1853]– Geo Marshall – Signed by the testator George Marshall as his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses: William Docker Solr Birmingham George Gem Birmingham

      This is a Codicil to the last Will and Testament of me George Marshall of Ward End in the County of Warwick I revoke the appointment of Thomas Hartley as one of my trustees and executors and in his place I substitute and appoint my brother Henry Marshall and declare that my said Will shall take effect in the same manner as if the name of the said Henry Marshall had been originally inserted in my said Will instead of the name of the said Thomas Hartley And I revoke the legacy by my said Will given to the said Thomas Hartley and give and bequeath the same amount to my said brother Henry Marshall In witness whereof I have hereunto set my hand this twenty fourth day of February one thousand eight hundred and fifty five [24 Feb 1855] Geo Marshall – Signed by the said testator as a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses – Isabell Line – George Gem

      In the Prerogative Court of Canterbury
      In the Goods of George Marshall deceased
      Appeared Personally George Gem of the Parish of Saint Philip in Birmingham in the County of Warwick Solicitor and one of the subscribed witnesses to the Codicil to the last Will and Testament of George Marshall late of Ward End in the Parish of Aston in the County of Warwick deceased bearing date the twenty fourth day of February one thousand eight hundred and fifty five and now hereunto annexed and particularly referring to the following erazures now appearing in the said Codicil to wit in the fourth twelfth and thirteenth lines thereof and to the names “Charles James” respectively written upon each of such erazures he further made oath that he the Appearer attended the said testator at his residence at Ward End aforesaid on Saturday the aforesaid twenty fourth day of February one thousand eight hundred and fifty five and from the instructions of the said testator prepared the said Codicil for the purpose of revoking the appointment of Mr Hartley as one of the executors and trustees of the Will of the said testator and also the legacy bequeathed to him by the said Will that the testator not having the said Will to refer to then instructed him that the Christian name of the said Mr Hartley was Thomas and he the Appearer so inserted the same in the said Codicil and the said testator executed the said Codicil with the name Thomas therein And the Appearer further made oath that after leaving the said testator on such occasion he the Appearer discovered that the true and proper christian names of the Mr Hartley were ‘Charles James’ and that the Appearer erazed the said name “Thomas” and wrote upon such erazures the names “Charles James” in the aforesaid three several places in the said Codicil where the same so appear written with the intention of procuring the reexecution by the testator of the said Codicil on the Monday following to wit the twenty sixth day of the said month of February And he further made oath that the said testator died on Sunday the twenty fifth day of the said month of February whereby the intended reexecution of the said Codicil was prevented And he further made oath that he is also one of the subscribed witnesses to the Will of the said testator bearing date the eighth day of February one thousand eight hundred and fifty three and he is able to depose and does depose that the said testator meant and intended the said Codicil to his said Will bearing a date the eighth day of February one thousand eight hundred and fifty three and to no other Will – George Gem – On the twenty third day of August 1855 the said George Gem was duly sworn to the truth hereof (by virtue of the annexed Commission before me George Soake? Vicar of the Parish of Aston in the County of Warwick Commissioner
      Proved at London (with a Codicil) 5th Sept r 1855 before the Judge by the oath of Eliza Henshaw Marshall Widow the Relict one of the Ex[ecut]ors named in the said Will to whom Adm[inistrati]on was granted having been first sworn by Com[m]on only to administer Charles James Hartley having consented and Roger Williams Gem (heretofore the younger) the other Executor and one of the Residuary Legatees in trust named in the said Will having renounced the Probate and execution of the said Will and Codicil and also the Letters of Adm[inistrati]on with the said Will and Codicil annexed of the Goods of the deceased (as by Acts of Court appears) Power reserved of granting Probate of the said Will and Codicil to Henry Marshall the brother the Executor named in the said Codicil when he shall apply for the same.
      -------------------------

      1 Hill Top Foundry: http://www.historywebsite.co.uk/articles/Wednesbury/HTFoundry.htm
      2 George William Marshall was 25 years old on 19 th April 1864

      [4]

  • Sources 
    1. [S1] Collections for a Genealogical Account of the Family of COMBERBACH, George William MARSHALL LL.B., (Privately published in London 1866) (Reliability: 2).

    2. [S5443] Baptism Aston Juxta Birmingham, Warwickshire, England 12 Jun 1839 George William Marshall.

    3. [S8895] Deaths England & Wales 1855 Mar Qtr, Aston, George Marshall.

    4. [S8900] Will of George Marshall dated 8 Jan 1853 and proved 5th Sep 1855 with codicil.

    5. [S8898] Burial Parish Church of St Peter and St Paul, Aston, Birmingham, Warwickshire, England 2 Mar 1855 George Marshall, (1865).

    6. [S13168] Will of Sarah Henshaw Comberbach dated 13 Mar 1852 and proved 26 Oct 1852.

    7. [S5444] Marriage Aston Juxta Birmingham, Warwickshire, England 24 Jul 1834 George Marshall & Eliza Henshaw COMBERBACH.